Ukiah City Council
September 4, 2024

City Council
Regular Meeting
AGENDA
(to be held both at the physical and virtual locations below) Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://us06web.zoom.us/j/82680771960 Or you can call in using your telephone only:
• Call (toll free) 1-888-788-0099
• Enter the Access Code: 826 8077 1960
• To Raise Hand enter *9
• To Speak after being recognized: enter *6 to unmute yourself Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings.

September 4, 2024 - 5:15 PM

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

4.a. Proclamation of the Ukiah City Council Recognizing September 16-23, 2024, as Pollution Prevention Week and September 22-29, 2024, as Creek Week in the City of Ukiah.

Recommended Action: Issue Proclamation
Attachments:

1. 4a 2024-09-04 Creek Week Proclamation

2. Creek Week 2024 (RRWA Flyer)

4.b. Proclamation of the Ukiah City Council Recognizing September as Hispanic Heritage Month in the City of Ukiah.

Recommended Action: Issue proclamation.

Attachments:

1. Hispanic Heritage Proclamation

2. Hispanic Heritage Flyer

5. PETITIONS AND COMMUNICATIONS

6. APPROVAL OF MINUTES

6.a. Approval of the Minutes for the August 21, 2024, Regular Meeting.

Recommended Action: Approve the Minutes for the August 21, 2024, Regular Meeting.

Attachments:

1. 2024-08-21 Draft Minutes

7. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged.

8. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council.

Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations.

8.a. Report of Disbursements for the Month of July 2024.

Recommended Action: Approve the report of disbursements for the month of July 2024.

Attachments:

1. July 2024 Summary of Disbursements

2. Account Codes for Reference

3. Object Codes for Reference

4. July 2024 Disbursement Detail

8.b. Council will Consider Entering into an Agreement with ChargePoint for the Proposed Ukiah Electric Vehicle Charging Stations Project, and Authorize the City Manager to Negotiate and Execute the Agreement.

Recommended Action: Authorize City Manager to negotiate and execute the agreement with ChargePoint for the proposed Ukiah Electric Vehicle Charging Stations Project.

Attachments:

1. CEC-ChargePoint_REV Grant Participation Agreement_Ukiah_(7-30-2024)_Final

8.c. Award of Purchase of Three (3) Stryker Power Pro 2 Gurneys Recommended Action: Award the purchase of three (3) Stryker Power Pro 2 Gurneys to the Stryker Corporation, in the amount of $95,889.95, including tax.

Attachments:

1. Ukiah x3 XT

8.d. Award of Purchase of Three (3) Stryker MTS Power Load Systems.

Recommended Action: Award the purchase of three (3) MTS Power Load Systems to the Stryker Corporation, in the amount of $98,040.11, including tax.

Attachments:

1. ukiah x3 PL

8.e. Award of Purchase of Three (3) Lifepak 15 V4 Cardiac Monitor/Defibrillators.

Recommended Action: Award the purchase of three (3) Lifepak 15 V4 cardiac monitor/defibrillators to the Stryker Corporation in the amount of $166,912.43, including tax.

Attachments:

1. Ukiah x3 LP 15

8.f. Adoption of an Ordinance Amending Various Sections of the Ukiah City Code to Update the City’s Approval Process for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

Recommended Action: Adopt ordinance amending various sections of the Ukiah City Code to update the City’s approval process for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

Attachments:

1. ADU Ordinance - Redline

2. ADU Ordinance - Clean

3. Ukiah - ADU Ordinance Letter - Cal HDF (08.21.2024)

8.g. Approval of Contract with Stone Creek Environmental Consulting for Engineering Services Related to the Municipal Separate Storm Sewer Systems Permit Issued by North Coast Regional Water Quality Control Board.

Recommended Action: Approve professional services agreement to Stone Creek Environmental Consulting for Engineering Services related to the City’s Stormwater Permit.

Attachments:

1. 240605 Ukiah Proposal for 2024 2025

8.h. Receive Report of Contract Change Order for Gregg Simpson Construction for the Work Related to the Orr Street Bridge Project, and Approve of Corresponding Budget Amendment.

Recommended Action: Receive report of contract change order for Gregg Simpson Construction for the work related to the Orr Street Bridge Project, and approve of the corresponding budget amendment.

Attachments:

1. Contract Change Order #1

2. Contract Change Order #2

9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda that is within the subject matter jurisdiction of the City Council, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda.

10. COUNCIL REPORTS

11. CITY MANAGER/CITY CLERK REPORTS

12. PUBLIC HEARINGS (Agenda Item 12a - 5:30 p.m.; Agenda Item 12b - 6:00 p.m.)

12.a. Possible Introduction by Title Only of an Ordinance to Approve a General Plan Amendment from Low-Density Residential (LDR) to Community Commercial (CC) and a Rezone from LowDensity Residential (R1) to Community Commercial (C1), to Allow for Tenant Improvements to an Existing Structure for Use as a ‘Professional Office’ at 195 Low Gap Road (APN 002-080- 39); File No. 24-9265.

Recommended Action: Introduce by title only an Ordinance to approve a General Plan Amendment from Low-Density Residential (LDR) to Community Commercial (CC) and a Rezone from Low-Density Residential (R1) to Community Commercial (C1) to allow for tenant improvements to an existing structure for use as a ‘Professional Office’ at 195 Low Gap Road (APN 002-080-39); File No. 24-9265.

Attachments:

1. Draft Findings - #24-9265

2. Draft Conditions of Approval - #24-9265

3. Application Materials - #24-9265

4. CEQA - Technical Memo (Terra Nova Planning & Research)

5. Ukiah City Code Regulations (C-1 & R-1)

6. Draft Ordinance

12.b. Proposed Sewer Rate Adjustments for Fiscal Year 2024-2025: Public Hearing and Consideration for Adoption.

Recommended Action: Conduct a public hearing and then approve the proposed sewer rate adjustments effective October 1, 2024, as outlined in the 2024 Sewer Financial Plan (Sewer Rate Study). Should the City Council decide not to approve the proposed sewer rate adjustments, it is recommended that the Council provide direction to Staff on alternative measures.

Attachments:

1. Ukiah 2024 Sewer Rate Study July 17 presentation 7.8.24

2. 2024 Sewer Prop 218 Notice draft 7.8.24

3. City of Ukiah 2024 Sewer Financial Plan final 7.9.24 (1)

13. UNFINISHED BUSINESS

14. NEW BUSINESS

14.a. Possible Introduction, by Title Only, of Ordinance Establishing Procedures for Adopting and Imposing Development Mitigation Fees on behalf of the Ukiah Valley Fire District.

Recommended Action: Introduce, by title only, the Ordinance establishing procedures for adopting and imposing development mitigation fees on behalf of the Ukiah Valley Fire District.

Attachments:

1. Fire Development Mitigation Fee Ordinance

2. UVFA Nexus Study Public Review Draft v1.1

14.b. Possible Introduction, by Title Only, of an Ordinance Amending Chapter 11, Division 3 of the City Code to Require the Manager of a Private, Commercially-Zoned Property to Abate Nuisance Conditions on the Property.

Recommended Action: Introduce, by Title Only, an Ordinance Amending Chapter 11, Division 3 of the City Code to Require the Manager of a Private, Commercially-Zoned Property to Abate Nuisance Conditions on the Property,
Attachments:

1. Commercial Property Manager Liability Redline

2. Commercial Property Manager Liability Clean

14.c. Award of Contract with BKF Traffic Engineers for Design and Engineering Services Related to a Roundabout Design at Low Gap Road and North Bush Street, and Approve Corresponding Budget Amendment.

Recommended Action: Approve of contract award to BKF Traffic Engineers in the amount of $250,030 for design and engineering services related to a roundabout design at Low Gap Road and North Bush Street, and approve corresponding budget amendment.

Attachments:

1. Ukiah School Area Traffic Study - Final Draft 2020-12-18

2. Request for Proposals - Low Gap Roundabout - FINAL

3. BKF_Ukiah_Roundabout_Low_Gap_Road

4. BKF_Fee_Ukiah_Roundabout_Low_Gap_Road

14.d. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).

Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s).

Attachments:

1. 2024 City Council Special Assignments and Ad Hocs

15. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING

15.a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (3 cases)

15.b. Conference with Legal Council - Anticipated Litigation Government Code Section 54956.9(d)(2)
Significant exposure to litigation (1 case)

15.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036

15.d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200

15.e. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612

15.f. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 180-110-12; 180-120-15; 180-120-16
Negotiator: Shannon Riley, Deputy City Manager
Negotiating Parties: GMB Realty Partners, Inc.

Under Negotiation: Price & Terms of Payment

15.g. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 002-232-05 and 002-282-02
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Bartolomei Trustees
Under Negotiation: Price & Terms of Payment

15.h. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN No: 170-150-10-00
Negotiator: Sage Sangiacomo, City Manager
Negotiation Party: Twenty Years of Bliss LLC
Under Negotiation: Price & Terms of Payment

15.i. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units

16. ADJOURNMENT

Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. Any handouts or presentation materials from the public must be submitted to the clerk 48 hours in advance of the meeting; for handouts, please include 10 copies.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.

Kristine Lawler, CMC/CPMC
Dated: 8/30/24

Agenda Item No: 4.a.

MEETING DATE/TIME: 9/4/2024

ITEM NO: 2024-544

AGENDA SUMMARY REPORT
SUBJECT: Proclamation of the Ukiah City Council Recognizing September 16-23, 2024, as Pollution Prevention Week and September 22-29, 2024, as Creek Week in the City of Ukiah.

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: City Council
ATTACHMENTS:

1. 4a 2024-09-04 Creek Week Proclamation

2. Creek Week 2024 (RRWA Flyer)
Summary: The City Council will issue a proclamation recognizing September 16-23, 2024 as Pollution Prevention Week and September 22-29, 2024, as Creek Week in the City of Ukiah.

Background: Throughout the United States, the week starting on the third Monday of September is recognized as National Pollution Prevention Week. In much of California, including the Russian River watershed, cities, counties, and other stewardship organizations are recognizing the fourth week of September as Creek Week. See Proclamation, Attachment 1.

During Creek Week, creek, river, and ocean clean-up campaigns will take place throughout Sonoma and Mendocino Counties. The Russian River watershed consists of over 150 creeks that provide water supply, wildlife habitat, flood capacity, and recreation. Unfortunately, trash and debris accumulation in local waterways impair water quality, wildlife habitat, and, at times, recreation and flood capacity.

Discussion: Creek Week is a great opportunity to take part in activities that connect residents with their community and environmental practices that help protect our creeks. For volunteer clean-up dates in the month of September, please see Attachment 2.

Recommended Action: Issue Proclamation
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Councilmember Rodin and Neil Davis, Community Services Director DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): 4b – Maintain wild lands. 7a – Expand sustainable water practices.

GENERAL PLAN ELEMENTS (GP):GP-A5 - Environment and Sustainability Element

September 16-23, 2024, as Pollution Prevention Week and September 22-29, 2024, as Creek Week in the City of Ukiah Whereas, throughout the United States the week starting on the third Monday of September is recognized as National Pollution Prevention Week; and Whereas, throughout much of California, including the Russian River watershed, cities, counties and other stewardship organizations are recognizing the fourth week of September as Creek Week; and
Whereas, our pollution prevention practices are intrinsically linked to the health of our watershed lands and waterways; and
Whereas, the City of Ukiah, in collaboration with the Russian River Watershed Association and the Mendocino County Resource Conservation District, support programs to reduce pollution, increase the environmental quality of our watershed, and provide our communities with the knowledge to be effective stewards of the Russian River watershed lands and waterways; and
Whereas, the City of Ukiah’s Climate Initiative 4a suggests we utilize nature based solutions and best practices in our riparian and aquatic zones and Initiative 7a guides us to “ensure a healthy, sustainable water supply,” and
Whereas, the nearly 1,500 square miles of lands, 150 creeks, and approximately 360,000 residents of the Russian River watershed are connected and mutually support each other; and
Whereas, the Russian River, along with its tributaries and associated features are important resources to the people of Sonoma and Mendocino Counties; and Whereas, pollution in the form of trash and debris, chemicals from industry and everyday living, and sediment from construction and many land uses and activities all have the potential to degrade the quality of life and the quality of resources within the Russian River watershed; and
Whereas, the City of Ukiah strives to protect our lands and waterways through ongoing pollution prevention outreach which aims to raise awareness of the harmful effects of pollutants to our natural systems; and Whereas, during Pollution Prevention Week and Creek Week, creek, river and ocean clean-up campaigns will take place throughout Sonoma and Mendocino Counties including Ukiah Valley Russian River Cleanup on September 28th.

Therefore be it resolved, that the City Council of the City of Ukiah, hereby proclaims on this day, September 4, 2024, that September 16-23, 2024 is Pollution Prevention Week and September 22-29, 2024, is Creek Week in the Russian River watershed and the City of Ukiah, and asks all members of our community to support efforts to protect and enrich our watershed health by participating in the many Pollution Prevention Week/Creek Week activities, and to take active steps to reduce pollution and care for our environment throughout the year.

Signed and sealed, this 4th day of September in
the year Two Thousand and Twenty-Four.
____________________________
Josefina Dueñas, Mayor
ATTACHMENT 1

LOCAL VOLUNTEER

OPPORTUNITIES, EVENTS,

AND ACTIVITIES
Creek Week in the Russian River watershed!
September 22-29 — Creek Week

MORE INFORMATION AT

CITY OF CLOVERDALE

CITY OF HEALDSBURG
COASTWALK’S COASTAL CLEANUP

CITY OF SANTA ROSA
Prince Memorial Greenway

RUSSIAN RIVERKEEPER
12+ Individual cleanups across the Russian
River watershed

TOWN OF WINDSOR

UKIAH VALLEY RUSSIAN RIVER CLEANUP
Mendocino County Resource Conservation
District (In partnership with the County of
Mendocino, City of Ukiah, and C&S Waste)
www.rrwatershed.org/project/creek-week

SEPTEMBER
15-20
21 SEPTEMBER
Sunday, September 15
Guided Nature Walk Along SANTA ROSA Creek
Tuesday, September 17
SANTA ROSA- Downtown Underground Tour
Thursday, September 19
SANTA ROSA - Downtown Underground Tour
Friday, September 20
SANTA ROSA - Tour de Creek Trail Bike Ride
Virtual Creek Week Activities ALL week long!

SATURDAY
28 SEPTEMBER

SATURDAY
ATTACHMENT 2

Agenda Item No: 4.b.

MEETING DATE/TIME: 9/4/2024

ITEM NO: 2024-520

AGENDA SUMMARY REPORT
SUBJECT: Proclamation of the Ukiah City Council Recognizing September as Hispanic Heritage Month in the City of Ukiah.

DEPARTMENT: City Manager /
Admin PREPARED BY: Maria Ceja, Administrative Analyst
PRESENTER: Josefina Dueñas, City Council, Mayor
ATTACHMENTS:

1. Hispanic Heritage Proclamation

2. Hispanic Heritage Flyer
Summary: The City Council will issue a proclamation recognizing September as Hispanic Heritage Month in the City of Ukiah. This proclamation honors the contributions of the Hispanic/Latino community to the city's cultural, social, and economic landscape and encourages all residents to participate in educational and celebratory events.

Background: Hispanic Heritage Month is observed nationally from September 15th through October 15th each year, celebrating the histories, cultures, and contributions of Hispanic Americans. The City of Ukiah, reflecting its commitment to diversity and inclusion, joins this nationwide celebration to honor the invaluable impact of the Hispanic/Latino community locally and nationally.

Ukiah's Hispanic/Latino community, including city employees, council members, educators, local organizations, and grassroots leaders, plays a vital role in enhancing the cultural awareness, education, enrichment, and community engagement of the city's residents. Their contributions are evident in various sectors, such as the arts, education, healthcare, and civic leadership. By recognizing Hispanic Heritage Month, the City of Ukiah reaffirms its dedication to celebrating and promoting cultural diversity.

Discussion: At the September 4, 2024, Regular Meeting, the City Council will issue a proclamation (Attachment 1) formally recognizing September as Hispanic Heritage Month in Ukiah. The proclamation acknowledges the diverse and significant contributions of the Hispanic/Latino community to the city and encourages residents to engage in events and activities that highlight and celebrate Hispanic culture and heritage.

The local celebration of Hispanic Heritage Month will include a special event hosted by SPACE (School of Performing Arts and Cultural Education) in collaboration with Periodico Al Punto. This event is scheduled for September 20, 2024, at the SPACE Courtyard and will feature cultural performances, educational activities, and community engagement opportunities (see Attachment 2 for the flyer).

Recommended Action: Issue proclamation.

BUDGET AMENDMENT REQUIRED:

CURRENT BUDGET AMOUNT:

PROPOSED BUDGET AMOUNT:

FINANCING SOURCE:

PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Diversity and Equity Committee
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 1 – Create and sustain a diverse, equitable, and inclusive workplace and workforce that reflects, values, and celebrates the diverse community we serve.

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

Hispanic Heritage Month in the City of Ukiah
Whereas, the City of Ukiah recognizes Hispanic Heritage Month, known in Spanish as “Mes de la Herencia Hispana,” and is celebrated nationwide from September 15th through October 15th; and
Whereas, the City of Ukiah recognizes that Hispanic Heritage is American Heritage, which we see in our everyday life, such as on television, in the music we hear and dance to, and in the food we eat. We all benefit from the many contributions of Hispanic scientists, doctors, engineers, politicians, civil rights leaders, etc.; and Whereas, the City of Ukiah recognizes the significant contributions of all Hispanic/Latino City employees, Ukiah City Council members, educators, local Latino organizations, and numerous grassroots leaders that help increase cultural awareness, education, enrichment, and community engagement of our residents; and
Whereas, many Hispanic immigrants belonging to groups such as Dreamers, Temporary Protected Status holders, farm workers, and essential workers have come to this country and have fought for initiatives providing pathways to citizenship and the protection of the right to vote; and
Whereas, throughout the history of the United States, members of the Hispanic community have helped shape the social, political, and economic landscape of this country and our community; and
Whereas, the City of Ukiah is committed to recognizing Hispanic/Latino culture and heritage as an important part of the city and its strong, inclusive community and we encourage the community to educate themselves on Hispanic/Latino culture; and Whereas, SPACE (School of Performing Arts and Cultural Education), in collaboration with Periodico Al Punto, will host a celebration recognizing Hispanic Heritage Month on Friday, September the 20th at the SPACE Courtyard. Additional details will be provided through social media announcements by event organizers.

Therefore be it resolved, the City Council of the City of Ukiah acknowledges the many contributions that our Hispanic, Latin Americans, Chicanos, Indigenous, Latinx residents make to our community and hereby proclaim September as:

Hispanic Heritage Month in the City of Ukiah
Signed and sealed, this 4th day of September in the year Two Thousand and Twenty-Four.
____________________________
Josefina Dueñas, Mayor
Attachment 1

Attachment 2

AGENDA ITEM 6a

CITY OF UKIAH

CITY COUNCIL MINUTES
Regular Meeting

CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://us06web.zoom.us/j/88037313360.

Ukiah, CA 95482
August 21, 2024
5:15 p.m.

1. ROLL CALL
Ukiah City Council met at a Regular Meeting on August 21, 2024, having been legally noticed on August 16, 2024. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/88037313360. Mayor Dueñas called the meeting to order at 5:17 p.m.

Roll was taken with the following Councilmembers Present: Mari Rodin, Juan V. Orozco, Susan Sher, Douglas, F. Crane, and Josefina Dueňas. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; Kristine Lawler, City Clerk; and Araceli Sandoval, Acting Clerk.

MAYOR DUEÑAS PRESIDING.

2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Crane.

URGENCY ITEM
Motion/Second: Crane/Rodin to accept the Urgency Item and place on the agenda as Agenda Item 14c. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas.

NOES: None. ABSENT: None. ABSTAIN: None.

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. After School Education and Safety (ASES) and Summer School Wrap Up Presentation.

Presenters: Cassandra Borgna, Senior Recreation Coordinator and Daniel Spence, Recreation Supervisor.

A PowerPoint presentation was given.

5. PETITIONS AND COMMUNICATIONS
Acting Clerk, Araceli Sandoval, stated that all communications had been distributed.

6. APPROVAL OF MINUTES
a. Approval of the Minutes for the August 7, 2024, Regular Meeting.

Motion/Second: Sher/Orozco to approve Minutes of August 7, 2024, a regular meeting, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.

7. RIGHT TO APPEAL DECISION

City Council Minutes for August 21, 2024, Continued:

8. CONSENT CALENDAR
a. Approval of a Contract Amendment 1 (2122-238-A1) for the Additional Design and Construction Management Services by West Yost for Technical Services Related to the Suspended Air Floatation (SAF) and Screw Press at the Waste Water Treatment Plant, in the Amount of $179,000, and Approve Corresponding Budget Amendment – Public Works. b. Approval of a Contract Amendment (2425-100) with Online Solutions LLC, DBA Citizenserve, for Additional Electronic Permit Streamlining and Services for the Community Development Department; and Approval of Corresponding Budget Amendments – Community Development. c. Adoption of an Ordinance Adding Chapter 8 to Division 9 of the Ukiah City Code Entitled "Agriculture" and an Article 1 to Division 9, Chapter 8 Entitled "Agricultural Operations and the Right to Farm" – Community Development.

ORDINANCE NO. 1241
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING CHAPTER 8 TO DIVISION 9 OF THE UKIAH CITY CODE ENTITLED “AGRICULTURE” AND AN ARTICLE 1 TO DIVISION 9, CHAPTER 8 ENTITLED “AGRICULTURAL OPERATIONS AND THE RIGHT TO FARM”.
d. Adoption of an Ordinance Amending Section 251 of Division 1, Chapter 3, Article 3 of the Ukiah City Code, Pertaining to Compensation of the City Treasurer – City Clerk.

ORDINANCE NO. 1242

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 251 OF THE UKIAH CITY CODE, PERTAINING TO COMPENSATION OF THE CITY

TREASURER
e. Receive Report of Contract (2425-091) for Truck Route Study with TJKM Transportation Consultants in the amount of $44,965 and Approve Corresponding Budget Amendment – Public Works.
f. Authorize City Manager to Execute a Memorandum of Understanding (MOU) (2425-101) with Ukiah Unified School District to operate the After School Education and Safety Program for the 24/25 School Year – Community Services.
g. Adoption of Ordinance Amending the Ukiah City Code to Address Regulatory Loopholes in the Prohibition of Outdoor Burning – Fire.

ORDINANCE NO. 1243
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 5502 AND 5503.A IN CHAPTER 6 OF DIVISION 6 OF THE UKIAH CITY CODE, REPLACING CALIFORNIA FIRE CODE SECTION 1102.3 WITH LOCALLY ADOPTED RULES GOVERNING OUTDOOR BURNING.

Staff responded to questions regarding Agenda Item 8e.

Motion/Second: Rodin/Orozco to approve Consent Calendar Items 8a-8g, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES:

None. ABSENT: None. ABSTAIN: None.

City Council Minutes for August 21, 2024, Continued:

9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comments were received.

10. COUNCIL REPORTS
Presenter: Councilmember Orozco.

11. CITY MANAGER/CITY CLERK REPORTS
Presenters: Sage Sangiacomo, City Manager; and
 Construction and FEMA Flood Plain Update – Jason Benson, Senior Engineer and Sage Sangiacomo, City Manager.
 Election Update – Kristine Lawler, City Clerk.
 City Broadband Project Update – Jim Robbins, Housing and Grants Manager.

12. PUBLIC HEARINGS (6:15 PM)
a. Possible Introduction of an Ordinance, by Title Only, Amending Various Sections of the Ukiah City Code to Update the City’s Approval Process for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

Presenters: Darcy Vaughn, Assistant City Attorney and Jesse Davis, Chief Planning Manager.

A PowerPoint presentation was given.

An updated Ordinance was distributed to the Council.

PUBLIC HEARING OPENED AT 6:51 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 6:51 P.M.

RECESS 6:55 -7:03 P.M.

Motion/Second: Rodin/Crane to introduce the Ordinance, by title only, with the discussed modification. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.

Ordinance introduced with modified edits.

Acting Clerk, Araceli Sandoval, read the following ordinance title into the record:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING AND AMENDING

VARIOUS SECTIONS OF THE UKIAH CITY CODE REGULATING ACCESSORY DWELLING UNITS.

Motion/Second: Rodin/Crane to introduce an ordinance amending various sections of the Ukiah City Code to update the City’s approval process for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to enhance and clarify development standards and conform City regulations with California Government Code, including AB 976, AB 2221, and SB 477; with the Ordinance becoming effective not sooner than completion of review of the Ordinance by the Department of Housing and Community Development pursuant to Government Code Section 66326.

Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas.

NOES: None. ABSENT: None. ABSTAIN: None.

City Council Minutes for August 21, 2024, Continued:

b. Conduct a Public Hearing to Consider Adoption of a Resolution Approving the Submittal of a 2023-2024 CDBG Program Income-Only Application in Response to the 2023 State Community Development Block Grant Program Notice of Funding Availability, Amendment 1; and Approve Corresponding Budget Amendments if Awarded Funding for the Application.

Presenter: Jim Robbins, Housing and Grants Manager.

PUBLIC HEARING OPENED AT 7:10 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 7:10 P.M.

Motion/Second: Crane/Sher to adopt resolution (2024-38) approving the submittal of a 2023-2024 CDBG Program Income-Only application (2425-102) in response to the 2023 State Community Development Block Grant Program Notice of Funding Availability, Amendment 1; and approve corresponding budget amendments if awarded funding for the application. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT:

None. ABSTAIN: None.
c. Conduct a Public Hearing to Solicit Public Comment Regarding the Intent to Apply for a United States Department of Agriculture (USDA) Rural Development Grant for a New Caterpillar Model 120 Motor Grader and Authorize Staff to Proceed with the Submittal of the Grant Application.

Presenters: Andrea Trincado, Grants Manager and Dave Kirch, Fleet Manager.

PUBLIC HEARING OPENED AT 7:29 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 7:29 P.M.

Motion/Second: Rodin/Orozco to authorize Staff to proceed with the submittal of the grant application (2425-103). Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: Crane.

13. UNFINISHED BUSINESS

14. NEW BUSINESS
a. Discussion with Possible Direction to Staff Regarding a Proposed Approach for Completing an Updated Historic Resources Survey and Developing a City of Ukiah Historic Preservation Code.

Presenters: Craig Schlatter, Community Development Director and Alyssa Ballard, Mendocino Historical Society.

Council Consensus to direct Staff to move forward with the plan as presented. b. Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s).

No reports were received.
c. (Urgency Item) Award of Purchase of Three (3) FR Conversions Pioneer II Ambulances

City Council Minutes for August 21, 2024, Continued:

from Redsky Emergency Vehicles, Including Wrap and Graphics in a Total Amount of $361,432.30.

Presenter: Doug Hutchison, Fire Chief.

Motion/Second: Rodin/Orozco to approve the purchase (PO No. 48663) of three (3) FR Conversions Pioneer II Ambulances from Redsky Emergency Vehicles through the Savvik Buying Group, including wrap and graphics for the amount of $361,432.30. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None.

ABSTAIN: None.

THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 7:53 P.M.

15. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (3 cases)
b. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036 c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018- 70200
d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20- 74612
e. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 180-110-12; 180-1200000-15; 180-120-16 Negotiator: Shannon Riley, Deputy City Manager
Negotiating Parties: GMB Realty Partners, Inc.

Under Negotiation: Price & Terms of Payment
f. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 002-232-05 and 002-282-02
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Bartolomei Trustees
Under Negotiation: Price & Terms of Payment
g. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN No: 170-150-10-00
Negotiator: Sage Sangiacomo, City Manager
Negotiation Party: Twenty Years of Bliss LLC
Under Negotiation: Price & Terms of Payment

City Council Minutes for August 21, 2024, Continued:

h. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager
i. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
No action reported; direction provided to Staff.

16. ADJOURNMENT
There being no further business, the meeting adjourned at 8:30 p.m. ________________________________
Araceli Sandoval, Acting Clerk

Agenda Item No: 8.a.

MEETING DATE/TIME: 9/4/2024

ITEM NO: 2022-1479

AGENDA SUMMARY REPORT
SUBJECT: Report of Disbursements for the Month of July 2024.

DEPARTMENT: Finance PREPARED BY: MaryJo Reynolds
PRESENTER: Consent Calendar
ATTACHMENTS:

1. July 2024 Summary of Disbursements

2. Account Codes for Reference

3. Object Codes for Reference

4. July 2024 Disbursement Detail
Summary: The Council will review and consider approval of the report of disbursements for the month of July 2024.

Background: Payments made during the month of July 2024 are summarized in the Report of Disbursements. Further detail is supplied on the Schedule of Bills, representing the four (4) individual payment cycles within the month.

Accounts Payable Check Numbers (City & UVFA): 3058479-3058564; 3058565-3058664; 3058665-3058772; 3058773-3058890
Accounts Payable Wire Transfers: 118, 119
Payroll Check Numbers: 515907-516014; 516015-516115
Payroll Manual Check Numbers: 516014
Direct Deposit Numbers: 129425-129769; 129770-130134
Manual Direct Deposit Numbers: 516014
Void Check Numbers: 3058695, 3058753
Void Direct Deposit Numbers: 129263
Discussion: This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1.

Attachment #1: July 2024 Summary of Disbursements
Attachment #2: Account Codes for Reference
Attachment #3: Object Codes for Reference
Attachment #4: July 2024 Disbursement Detail

Recommended Action: Approve the report of disbursements for the month of July 2024.

BUDGET AMENDMENT REQUIRED: N/A

CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

Attachment 1
FUNDS:
100 General Fund $327,214.84 700 Sanitary Disposal Site Fund $4.95 101 GF-(Sub-Fund) Visit Ukiah $467.98 701 Landfill Corrective Fund 105 GF-(Sub-Fund) Fire Authority $119,883.08 702 Disposal Closure Reserve Fund 106 USDA CWDG $251.60 704 Post Closure Fund - Solid Waste 110 Special General Fund 710 Ambulance Services Fund $58,994.60 120 Streets Capital Improvement $677,841.97 720 Golf Fund $29,644.41 130 Gov'tl Debt SVC/Reserve Fund 730 Confernence Center Fund $6,525.70 131 Debt Service Reserve 2022 LRB 750 Visit Ukiah
200 City Adminstrative Services $161,980.11 777 Airport Fund $181,760.12 201 Worker's Comp Fund $49,093.44 778 Airport Capital Improvement Fund $88,996.13 202 Liability Fund $11,233.44 779 Special Aviation Fund 203 Garage Fund $4,033.11 800 Electric Fund $1,298,715.66 204 Purchasing Fund $230.38 801 Electric Capital Reserve Fund $242,165.56 205 Billing & Collections Fund $13,607.74 803 Lake Mendocino Bond Reserve 206 Public Safety Dispatch Fund $39,035.66 805 Street Lighting Fund $15,260.31 207 Payroll Posting Fund $367,427.07 806 Public Benefits Fund $6,056.90 208 Building Maintenance/Corp Yard Fund $19,991.76 807 Cap and Trade $1,217.52 209 IT Fund $203,242.72 820 Water Fund $907,064.46
220 Equipment Reserve Fund 821 Water Capital Reserve Fund $256,632.67 249 City Housing Bond Proceeds 822 Water Capital Improvement Fund 250 Special Revenue Fund 830 Recycled Water Fund $1,895,729.85 251 Special Projects Reserve Fund 840 City/District Sewer Fund $763,981.51 252 Streets/ROW Improvement Fund $644,746.80 841 Sewer Contruction Fund 253 CITY PROP 172 843 Sewer Capital Fund
300 Park Development Fund 900 Special Deposit Trust $19,427.11 301 Anton Stadium Fund 901 General Service (Accts Recv) $1,206.13 302 Observatory Park Fund 902 U.S.W. Billing & Collection $62,426.60 303 Playground & Park Amenities Fund 903 Public Safety - AB 109 $0.00 304 Swimming Pool Fund 905 Federal Emergency Shelter Grant 305 Riverside Park Fund 905 Mendocino Emergency Service Authority 306 Skate Park Fund 911 Russian River Watershed Association $45,610.11 308 Opioid Settlement Fund 915 UVFD $184.72
310 Museum Grants $0.00 916 UVFD PROP 172
311 Alex Rorbaugh Recreation Center Fund $4,752.94 917 UVFD Measure B $57,166.83 312 Downtown Business Improvement Fund $1,752.85 918 UVFD Mitigation 313 LMIHF Housing Asset Fund 920 MSWMA Operations $38,007.38 314 Winter Special Events 940 Sanitation District Special Fund 315 Advanced Planning Fund 942 Rate Stabilization - UVSD Fund 316 SPECIAL RECREATION EVENTS 943 Sanitation District Capital Improvement Fund 500 2106 Gas Tax Fund $6,333.34 952 REDIP Sewer Enterprise Fund 501 2107 Gas Tax Fund 960 Community Redevelopment Agency 503 2105 Gas Tax Fund 961 RDA Housing Pass-Through
505 Signalization Fund 962 Redevelopment Housing Fund
506 Bridge Fund 963 Housing Debt
507 1998 STIP Augmentation Fund 964 RDA Capital Pass-Through 508 SB325 Reimbursement Fund 965 Redevelopment Capital Improvement Fund 509 S.T.P. Fund 966 Redevelopment Debt Service
510 Trans-Traffic Congest Relief Fund 967 Housing Bond Proceeds 511 Rail Trail Fund 968 Non-Housing Bond Proceeds
600 Community Development Block Grant 969 RDA Obligation Retirement Fund 601 EDBG 94-333 Revolving Loan 844/944 Sewer Capital Projects Fund $499,155.94 602 Community Development Fund
603 08-HOME-4688
604 CDBG Grant 09-STBG-6417
605 11-HOME-7654 Fund $0.00
606 CDBG Grant 10-EDEF-7261
607 Prop 84 Grant Fund
609 13-CDBG-8940 Retainage Withheld $247,891.16
610 City RDA Projects Fund 611 CDBG 16-CDBG-11147 $140,000.00 613 Home Program Activities
620 CASP Train
630 Asset Seizure Fund $5,830.00
631 Asset Seizure Fund (Drug/Alcohol)
633 H & S Education 11489(B)(2)(A1)
634 Federal Asset Seizure Grants
635 SUP Law Enforcement Service Fund
636 CBTHP Officer
637 Local Law Enforcement Block Grant
638 Asset Forfeiture 11470.2 H & S
639 Special Revenue - Police
640 Parking District Fund $1,014.44
670 Federal American Rescue Fund
691 Museum Fund
695 Transfer Station Fund
696 Solid Waste Mitigation Fund $72.15
TOTAL DEMAND PAYMENTS- A/P CHECKS $9,523,863.75
PAYROLL CHECK NUMBERS: 515907-516014 TOTAL DEMAND PAYMENTS- EFT's $0.00 DIRECT DEPOSIT NUMBERS: 129425-129769 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,618,682.20 PAYROLL PERIOD: 6/23-7/06/2024 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) $900,476.09 PAYROLL CHECK NUMBERS: 516015-516115 * vendor name( if applicable) DIRECT DEPOSIT NUMBERS: 129770-130134
PAYROLL PERIOD: 7/7-20/2024
PAYROLL CHECK NUMBERS:

DIRECT DEPOST NUMBERS:

PAYROLL PERIOD:

TOTAL PAYMENTS $12,043,022.04
VOID CHECK NUMBERS:
129263, 3058695, 3058752
516014
WIRE TRANSFER NUMBERS:
118, 119

CERTIFICATION OF CITY CLERK
This register of Payroll and Demand Payments was duly approved by the City Council on ____________________.

City Clerk

APPROVAL OF CITY MANAGER CERTIFICATION OF DIRECTOR OF FINANCE I have examined this Register and approve same. I have audited this Register and approve for accuracy and available funds.
____________________________________________ ________________________________________________ City Manager Director of Finance
MANUAL CHECK NUMBERS:

CITY OF UKIAH

REPORT OF DISBURSEMENTS

REGISTER OF PAYROLL AND DEMAND PAYMENTS

FOR THE MONTH OF JULY

Account Code Summary Attachment 2
10000000 GENERAL FUND 20012300 COMMUNITY OUTREACH/PUBLIC INFO 10017200 SUCCESSOR AGENCY 20012500 CITY CLERK
10020000 POLICE - GEN FUND 20012600 ECONOMIC DEVELOPMENT 10020210 POLICE PATROL 20012800 EMERGENCY MANAGEMENT
10020214 POLICE VOLUNTEERS 20013210 ACCOUNTS PAYABLE
10020216 COPS GRANT 20013220 PAYROLL
10020217 POLICE ANIMAL CONTROL 20013400 ACCOUNTING
10020218 POLICE CSO 20013401 BUDGET MANAGEMENT
10020220 CODE ENFORCEMENT 20014000 CITY ATTORNEY
10020224 MAJOR CRIMES TASK FORCE 20015100 CITY TREASURER 10021210 CITY FIRE 20016100 HUMAN RESOURCES
10022100 PARKS 20023510 HOUSING GRANTS
10022300 AQUATICS 20023520 NON-HOUSING GRANTS
10022700 MUSEUM - GEN FUND 20100000 WORKER'S COMP FUND
10022810 RECREATION ADMINISTRATION 20116220 WORKERS COMPENSATION 10022821 ADULT BASKETBALL 20200000 LIABILITY FUND
10022822 ADULT SOFTBALL 20216200 RISK MANAGEMENT
10022824 CO-ED VOLLEYBALL 20300000 GARAGE FUND
10022831 YOUTH BASKETBALL 20324100 GARAGE
10022832 YOUTH SOFTBALL 20324110 FLEET MAINTENANCE
10022840 DAY CAMP 20400000 PURCHASING FUND
10022850 CLASSES & CLINICS 20413500 PURCHASING
10022860 SPECIAL ACTIVITIES 20413510 CAPITAL ASSET MANAGEMENT 10022900 COMM SVCS SPECIAL SERVICES 20413520 GRANTS AND SPECIAL PROJECTS 10023100 PLANNING SERVICES 20414000 LEGAL SERVICES/EXPENSES 10023110 CURRENT PLANNING 20500000 BILLING AND COLLECTION FUND 10023300 BUILDING INSPECTION 20513300 UTILITY BILLING
10023320 BUILDING INSPECTION 20513380 METERING-ELECTRIC 10023411 CDBG GENERAL ADMIN 20513382 METERING-WATER
10024200 ENGINEERING/STREETS 20600000 PUBLIC SAFETY DISPATCH FUND 10024210 ENGINEERING 20620231 POLICE UKIAH DISPATCH
10024214 TRAFFIC SIGNAL OPERATIONS 20620232 POLICE FT BRAGG DISPATCH 10024224 STORM WATER 20700000 PAYROLL POSTING FUND
10024310 CORP YARD MAINTENANCE 20800000 BUILDING & MAINTENANCE 10024620 STREETS 20822500 BUILDING & MAINTENANCE
10100000 GF- (SUB-FUND) VISIT UKIAH 20824300 BLDG MAINT CORP YARD 10112700 GF-(SUB-FUND) VISIT UKIAH 20900000 IT FUND
10500000 MEASURE S GENERAL FUND 20913900 INFORMATION TECHNOLOGY 10521210 FIRE AUTHORITY 22000000 FIXED ASSET FUND
12000000 STREET REHABILITATION 25100000 SPECIAL PROJECTS RESERVE FUND 12024200 PUBLIC WORKS ENGINEERING 25200000 STREETS/ROW IMPROVEMENT FUND 13000000 GOV'TL DEBT SVC/RESERVE FUND 25224220 STREETS/ROW IMPROVEMENT FUND 13100000 DEBT SERVICE RESERVE 2022 LRB 25300000 PROP 172 FUND 20000000 CITY ADMINISTRATIVE SERVICES 25321210 CITY FIRE 20010000 CITY COUNCIL 30000000 PARK DEVELOPMENT FEES FUND 20012100 CITY MANAGER 30022200 PARK DEVELOPMENT
20012200 ADMINISTRATIVE SUPPORT 30100000 ANTON STADIUM FUND

Account Code Summary Attachment 2
30200000 OBSERVATORY PARK FUND 63500000 SUP.LAW ENFORCE.SVC.FD(SLESF) 30300000 PLAYGROUND & PARK AMENITIES FU 63520210 SLESF
30322230 PLAYGROUND AND PARK AMENITIES 63600000 CBTHP OFFICER 30400000 SWIMMING POOL FUND 63620210 CBTHP OFFICER
30522250 RIVERSIDE PARK 63800000 ASSET FORFEITURE 11470.2 H&S F 30600000 SKATE PARK FUND 63820210 ASSET FORFEITURE 11470 EXPENDI 30700000 SOFTBALL COMPLEX FUND 63900000 SPECIAL REVENUE POLICE 31100000 ARRC GENERAL OPERATING FUND 64000000 PKG. DIST. #1 OPER & MAINT FUN 31122000 ARRC 64012600 ECONOMIC DEVELOPMENT
31200000 DOWNTOWN BUSINESS IMPROVEMENT 64020213 POLICE PARKING ENFORCEMENT 31212600 ECONOMIC DEVELOPMENT 67000000 FEDERAL AMERICAN RESCUE FUNDS 31300000 LMIHF HOUSING ASSET FUND 69500000 TRANSFER STATION 31323400 HOUSING 69624000 SOLID WASTE MITIGATION FUND
31323431 LMI GENERAL ADMIN 70000000 SANITARY DISPOSAL SITE FUND 31500000 ADVANCED PLANNING FUND 70024500 LANDFILL 700
31523100 COMMUNITY PLANNING 70124500 LANDFILL CORRECTIVE 31600000 SPECIAL RECREATION EVENTS 70200000 DISPOSAL CLOSURE RESERVE FUND 31622861 SPECIAL RECREATION EVENTS 70224500 LANDFILL CLOSURE 50000000 GAS TAX FUND 70400000 POST CLOSURE FUND-SOLID WASTE 50024214 TRAFFIC SIGNAL OPERATIONS 71000000 AMBULANCE SERVICES FUND 50500000 SIGNALIZATION FUND 71021100 AMBULANCE SERVICES 50800000 SB325 REIMBURSEMENT FUND 72000000 GOLF FUND
50824210 SB325 ENGINEERING 72022400 GOLF
50900000 S.T.P. 73000000 CONFERENCE CENTER FUND
50924210 STP ENGINEERING 73022600 CONFERENCE CENTER
51100000 RAIL TRAIL FUND 77700000 AIRPORT FUND
51124210 Rail Trail 77714000 CITY ATTORNEY
60000000 COMM. DEVELOPMT. BLOCK GRANT F 77725200 AIRPORT OPERATIONS 60023411 CDBG GENERAL ADMIN 77800000 AIRPORT CAPITAL IMPROVEMENT FU 60023412 CDBG ACTIVITY DELIVERY 77825200 AIRPORT CAPITAL 61100000 CDBG 16-CDBG-11147 77900000 SPECIAL AVIATION FUND 61112600 CDBG ECONOMIC DEVELOPMENT 77925200 AIRPORT SPECIAL 61123410 16-CDBG-11147 80000000 ELECTRIC FUND
61123411 CDBG GENERAL ADMIN 80014000 CITY ATTORNEY
61200000 FUND 612 UNASSIGNED 80026110 ELECTRIC OVERHEAD 61223400 HOME CDD HOUSING 80026120 ELECTRIC UNDERGROUND 61223422 HOME ACTIVITY DELIVERY 80026200 TELEMETRY & CALIBRATION 61323400 HOME HOUSING ACTIVITIES 80026210 SUBSTATION
61323421 HOME GENERAL ADMIN 80026220 HYDROELECTRIC PLANT 62000000 CASP CERTIF & TRAINING 80026400 ELECTRIC ADMINISTRATION 62023320 CASP CERTIF & TRAINING 80026440 POWER PURCHASES 63000000 ASSET SEIZURE FUND 80100000 ELECTRIC CAPITAL RESERVE FUND 63020210 ASSET SEIZURE EXPENDITURE 80126100 ELECTRIC CIP 63300000 H&S EDUCATION 11489(B)(2)(A1) 80126220 HYDROELECTRIC PLANT 63320210 H&S ASSET SEIZURE EXPENDITURE 80500000 STREET LIGHTING FUND 63400000 FEDERAL ASSET SEIZURE GRANTS F 80526150 STREET LIGHTING 63420250 FED ASSET SEIZURE EXPENDITURE 80600000 PUBLIC BENEFITS CHARGES FUND

Account Code Summary Attachment 2
80626450 PUBLIC BENEFITS
80700000 ELECTRIC CAP AND TRADE FUND
80800000 ELECTRIC LOW CARBON FUEL STDS
80826100 ELECTRIC LOW CARBON FUEL STDS
82000000 WATER FUND
82027110 WATER
82027111 PROD OPERATIONS & MAINTENANCE
82027114 DISTRIB OPERATIONS & MAINT
82100000 WATER CAPITAL RESERVE FUND
82200000 WATER CONNECTION FEE FUND
82227113 WATER DISTRIBUTION CAPITAL
83000000 RECYCLED WATER
83027330 RECYCLED WATER
84000000 CITY/DIST. SEWER OPERATING FUN
84027220 WASTE WATER
84027221 CITY WASTE O & M
84027225 WASTE TREATMENT O & M
84100000 SEWER BOND DEBT SERVICE FUND
84127226 WASTEWATER TREATMENT CAPITAL
84200000 RATE STABILIZATION-CITY FUND
84300000 CONNECTION FEE SEWER FUND (CAP
84400000 CITY SEWER CAPITAL PROJECTS FU
84427221 CITY WASTEWATER O&M 844
84427222 CITY WASTE CAPITAL
90000000 SPECIAL DEPOSIT TRUST FUND
91500000 UKIAH VALLEY FIRE DEPARTMENT
91521400 UVFD FIRE ADMINISTRATION
91600000 UVFD PROP 172
91621400 UVFD PROP 172
91700000 UVFD MEASURE B UNASSIGNED
91721400 UVFD FIRE
91800000 UVFD MITIGATION FEES
91821400 UVFD MITIGATION
96900000 REDEVELOPMENT OBLIGATION RETIR
96917200 SUCCESSOR AGENCY
96995669 969 - RDA OBLIGATION RETIREMEN

51211 PERS UNFUNDED LIABILITY 54101 POSTAGE
51220 INSURANCE 54102 SMALL TOOLS
51230 WORKERS COMP 54103 LAB SUPPLIES
51240 MEDICARE 54106 SPECIALTY SUPPLIES
51260 FICA 54107 EMS SUPPLIES
51270 UNIFORM ALLOWANCE 54120 PW - SPECIAL SUPPLIES
51290 CELL PHONE STIPEND 54121 PW - ASPHALT CONCRETE
52100 CONTRACTUAL SERVICES 54122 PW - AGGREGATE BASE
52110 AMBULANCE BILLING 54124 PW - CONCRETE/SUPPLIES
52111 DEFIBRILLATOR MAINTENANCE 54125 PW - TRAFFIC PAINT 52112 M. S. OVERSIGHT 54126 PW-PREMARKS
52113 PLANNING STUDIES 54127 PW - SIGN POSTS/SHEETING
52114 COMPLIANCE STUDIES 54128 PW - COLD PATCH MATERIAL 52130 EDUCATIONAL & MARKETING MATL'S 54129 PW - TACK OIL 52131 ASSISTANCE TO SENIORS 54130 PW - SAFETY
52133 MONTHLY DISCOUNT PROGRAM 54131 PW - BARRICADES & CONES 52134 GENERAL ADMIN 54161 BACKGROUND & PHYSICALS
52135 ENERGY CONSERVATION PROGRAM 54162 ADVERTISING
52137 PUBLIC BENEFITS PROGRAM MGMT 54163 INTERVIEW SUPPLIES 52139 RESEARCH DEVELOPMENT & DEMO 54165 NEW EMPLOYEE FINGERPRINT 52150 LEGAL SERVICES/EXPENSES 54166 DOT TESTING PROGRAM 52151 EMPLOYEE BENEFIT ADMIN FEES 54167 EMPLOYEE DEVELOPMENT 52155 ACTIVITY DELIVERY 54169 LIVESCAN
52180 SECURITY SERVICES 54201 PRISONER EXPENSE
52181 VOLUNTEER EXPENSES 54202 MAJOR CRIME INVESTIGATIONS 52301 PROPERTY TAX ADMIN FEE 54203 RECRUITMENT
52304 LAFCO FEES AND PROP TAX EXP 54320 SOFTWARE
52500 TRUSTEE FEES 54330 COMPUTER AND TECHNOLOGY
52510 ADVERTISING & PROMOTION 54500 EQUIP RENTS AND LEASES 52515 ADVERTISING & PUBLICATION 54700 FINES & PENALTIES 52521 LIABILITY INSURANCE PREMIUM 55100 TELEPHONE
52522 LIABILITY & PROPERTY DEDUCT 55200 PG&E
52524 PROPERTY INSURANCE PREMIUM 55210 UTILITIES
52525 WORKER'S COMP. EXPENSE 56100 VEHICLE & EQUIPMENT MAINT. & R 52526 REMIF ASSESSMENT PAYMENTS 56112 EQUIPMENT PARTS FOR RESALE 52527 A.D.P. PREMIUM & DEDUCTIBLE 56120 EQUIPMENT MAINTENANCE & REPAIR 52528 LIABILITY INSURANCE 56125 LAB EQUIP-REPAIR & MAINT. 52529 EARTHQUAKE & FLOOD (DIC) 56130 EXTERNAL SERVICES
52532 SAFETY & TRAINING SUPPORT 56210 FUEL & FLUIDS
52533 UVFA RETIREE HEALTH INS 56300 BUILDING MAINT. & REPAIR 52600 RENT 56410 EQUIPMENT RENTAL - PRIVATE
52601 DATA STORAGE & CONNECTIVITY 56504 FACILITY MAINTENANCE & REPAIR 52602 RENTAL OF CITY PROPERTY 56600 AIRFIELD MAINTENANCE & REPAIR 52841 SUCCESSOR AGENCY ADMIN 57100 LEARNING AND DEVELOPMENT 53000 LAWSUIT SETTLEMENT 57101 CONF & TRAINING-AQUATICS 54100 SUPPLIES 57300 MEMBERSHIPS & SUBSCRIPTIONS
Object Code Summary Attachment 3

58101 NCPA PLANT GENERATION
58102 NCPA POWER PURCHASES
58103 NCPA TRANSMISSION
58104 NCPA MANAGEMENT SERVICES
58105 NCPA THIRD PARTY SALES
58202 CHEMICALS
58401 AVIATION FUEL
58410 GARAGE LUBRICANTS & PARTS
58510 REIMBURSABLE JOBS
59100 PROPERTY TAXES PAID
59101 FEES
59102 FRANCHISE FEES
59105 CONTRIBUTIONS TO OTHER AGENCY
59106 SENIOR TRASH SUBSIDY
59108 BANK FEES
59400 OTHER EXPENSES
59500 LOANS ISSUED
59502 SCHOLARSHIPS
61200 PURCHASING ALLOCATION
61300 BILLING & COLLECTION ALLOCATIO
61410 RENT ALLOCATION
61420 BUILDING MAINTENANCE ALLOCATIO
61422 IT ALLOCATION
61430 CORP YARD ALLOCATION
61500 INSURANCE ALLOCATION
61600 GARAGE ALLOCATION
61700 DISPATCH
62100 ADMIN & OVERHEAD ALLOCATION
63000 INTERFUND SERVICES USED
70101 LOAN PAYMENTS MADE
70102 BOND INTEREST EXPENSE
70103 LOAN INTEREST
70201 LOAN PRINCIPAL PAYMENTS
70202 BOND PRINCIPAL PAYMENTS
74500 CAPITAL LEASE PRINCIPAL
74501 CAPITAL LEASE INTEREST
80100 MACHINERY & EQUIPMENT
80210 LAND ACQUISITION
80220 BUILDING IMPROVEMENTS
80230 INFRASTRUCTURE
90100 LOAN PROCEEDS
90101 LOAN PAYMENT RECEIVED

Attachment 4

Agenda Item No: 8.b.

MEETING DATE/TIME: 9/4/2024

ITEM NO: 2024-479

AGENDA SUMMARY REPORT
SUBJECT: Council will Consider Entering into an Agreement with ChargePoint for the Proposed Ukiah Electric Vehicle Charging Stations Project, and Authorize the City Manager to Negotiate and Execute the Agreement.

DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director PRESENTER: Cindy Sauers, Electric Utility Director
ATTACHMENTS:

1. CEC-ChargePoint_REV Grant Participation Agreement_Ukiah_(7-30-2024)_Final Summary: The City Council will consider entering into an agreement with ChargePoint for the Proposed Ukiah Electric Vehicle Charging Stations Project.

Background: On August 16, 2023, Council approved a Memorandum of Understanding (MOU) with ChargePoint to further explore a partnership for the installation of chargers in Ukiah. ChargePoint was awarded $1,537,296 from the California Energy Commission (CEC)'s REV grant to provide charging access in rural areas, especially those designated as disadvantaged or low-income by the Department of Housing and Community Development. Certain areas of Ukiah fall within the low-income definition and make Ukiah an ideal location to increase charging opportunities.

The grant provides funding for one "hub" location and four "spoke" locations. The hub site will have four DC fast charging ports and two level 2 ports. The spoke locations will have ten level 2 charging ports. Three locations were under consideration: Leslie, adjacent to the new Courthouse site for the hub, Anton Stadium and the Airport for two spoke sites.

Following the execution of the MOU, the Electric Utility worked with ChargePoint to complete site surveys to ensure buildability at each location. Evaluation of each site resulted in the elimination of two of the three locations, Leslie Street and the Airport. Two new sites were proposed; the City Parking Lot C (north of the Library) for the hub, and Low Gap Park parking lot. The Anton Stadium parking lot remained as the second spoke site. Additionally, in an effort to reduce the capital output, the Electric Utility requested that the number of chargers at the spoke sites be reduced to six ports. The infrastructure installed and paid for with the grant funding will be sufficient to add additional ports at a later date if needed.

Discussion: The agreement (Attachment 1) outlines the responsibilities of both ChargePoint and the City of Ukiah. ChargePoint will hire, manage, and pay the contractor to build the charging location and ensure that all City, State and grant requirements are met. Additionally, they will be responsible for full management of the grant. The City of Ukiah will own and operate the chargers with a 5-year maintenance agreement with ChargePoint. Costs will be shared, ChargePoint will pay for design, site development, and utility upgrades and the City will cover the cost of the chargers, the maintenance agreement, tax and shipping. The total estimated expenditure from the Electric Utility is $695,548 and the grant will cover $714,746. The Utility expects a 7-year payback on the spoke sites based on revenue from the existing chargers in Lot A, and is currently evaluating bringing a new DC charging rate to the Council.

Staff recommends Council authorize the City Manager to negotiate and execute the agreement.

Recommended Action: Authorize City Manager to negotiate and execute the agreement with ChargePoint for the proposed Ukiah Electric Vehicle Charging Stations Project.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: David Rapport, City Attorney
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): 2c – Encourage clean vehicles when active transportation is not feasible.

GENERAL PLAN ELEMENTS (GP):GP-A3 - Mobility Element

EV GRANT IMPLEMENTATION

FRAMEWORK AGREEMENT
This EV Grant Implementation Framework Agreement (this “Agreement”) is entered into as of ______________________ (the “Effective Date”) by and between ChargePoint, Inc., a Delaware corporation (“ChargePoint”), with its principal place of business at 240 East Hacienda Avenue, Campbell, CA 95008 and The City of Ukiah, acting through its electric utility (“Operator”), with its principal place of business at 300 Seminary Avenue, Ukiah, CA 95482 (each of ChargePoint and Operator, individually a “Party” and collectively, the “Parties”).

WHEREAS, Operator is interested in engaging with ChargePoint for various opportunities in select electric vehicle charging markets.

WHEREAS, ChargePoint has developed the ChargePoint Network and other products for its Charging Stations and has participated in various state and federal incentive programs resulting in awarded State Grants.

WHEREAS, pursuant to the State Grants, ChargePoint has certain rights in respect of one or more Sites.

WHEREAS, Operator is the City of Ukiah electric utility which furnishes electricity within the City of Ukiah. Operator will furnish electricity to the charging stations developed under this Agreement with maintenance and repair thereof performed pursuant to the Assure Plan. NOW, THEREFORE, in consideration of the premises and the agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, the Parties agree as follows:

1. DEFINITIONS. The following capitalized terms shall have the meanings ascribed herein. “Affiliate” means an entity directly or indirectly controlling, controlled by, or under common control with the entity specified. “Control”, for purposes of this definition, means direct orindirect ownership or control of fifty percent (50%) or more of the voting interests of the subject entity. “Applicable Programs” means any applicable State Grants and any statute, law, regulation or rule incorporated into and made a part of any State Grant.
“Assure Plan” means a subscription to ChargePoint’s Assure Warranty Program, as such may updated, modified and amended from time to time, and the terms and conditions are found here:
https://www.chargepoint.com/en-gb/legal/support-services. “Charging Equipment” means all Charging Stations and any electrical and subsurface equipment, including switchgears, conduits, bollard, wheel stops, signage or similar materials installed for the operation of any Charging Station, as set forth on Exhibit D. Charging Equipment specifically excludes any materials or equipment owned, installed or maintained by any third party, such as a Site Host or local utility. “ChargePoint Network” means the cloud-based SaaS network of Charging Stations hosted and managed by ChargePoint.
“Charging Stations(s)” means ChargePoint electric vehicle charging stations and the component parts thereof. “Cloud Plan” means a subscription to ChargePoint’s Master Services and Subscription Agreement for the ChargePoint Network, as such may be updated, modified and amended from time to time. “Commencement of Construction” means the start of material on-site work at a Site for the purpose of installation of Charging Stations.

ATTACHMENT 1

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“EV” means electric vehicle.
“Grant Implementation Costs” means all costs, fees or expenses necessary to comply with any rules, regulations, terms, conditions or obligations imposed by a State Grant or State Authority at each Site. “Intellectual Property Rights” means, on a worldwide basis, any and all intellectual property, industrial or proprietary rights (by whatever name or term known or designated) and all intellectual property relating thereto arising under law, equity, contract, license or otherwise, whether or not filed, perfected, registered or recorded and whether now or later existing, filed, issued or acquired, including, without limitation: (a) works of authorship, copyrights, moral rights and mask-works; (b) trademarks, trade names, service marks and service names, corporate names, business names, brand names, trade dress, logos, mottos, Internet domain names and certification marks, and all goodwill associated with any of the foregoing items; (c) trade secrets under applicable law and other rights in know-how and confidential or proprietary information; (d) patents, inventions, designs, algorithms and other industrial property rights; (e) all tangible and/or intangible embodiments of any of the foregoing, in any form and in any media now know or hereafter devised; (f) all registrations, applications, renewals, reissues, re-examinations, extensions, continuations, continuations-inpart, provisionals, divisions or reissues thereof now or hereafter in force throughout the universe (including, without limitation, rights in any of the foregoing); and (g) any and all lawsuits, actions, proceeding and claims (whether past, present or future) arising from or related to any of the foregoing. “Program Funds” means funds provided by State Grants.
“Site” means, individually and collectively, as the context may require, each location as set forth on Exhibit A-1.
“Site Host” means the real property owner or lessee of a Site if other than the Operator. “State Authority” means any state or regulatory department, commission, institution, entity, service utility, board, agency or authority, each having jurisdiction over a State Grant. “State Grants” means those EV infrastructure deployment grants, including all addendums, amendments, exhibits and attachments thereto, issued by an applicable State Authority to ChargePoint. “Substantial Completion” means the completion of all permitted work pursuant to any applicable local municipality’s inspection process in connection with a Site.

2. STATE GRANT ADMINISTRATION.

2.1 State Grants. In connection with the development of the Sites, ChargePoint has received or may be eligible to receive, Program Funds from State Authorities pursuant to State Grants. State Grants applicable to each Site are set forth on Exhibit A-1 and State Grants are referenced in Exhibit A-2. All of the terms, conditions and requirements of the State Grants are fully incorporated herein by reference and shall, in all cases with respect to the subject matter therein apply to the Operator equally as if Operator was a recipient under the State Grant, as applicable.

2.2 State Grants. Operator acknowledges and agrees that ChargePoint is the prime recipient of the State Grants and Program Funds from the State Authorities and that ChargePoint will oversee all administration of the State Grants. ChargePoint will be solely responsible for all State Grant administrative activities, including but not limited to (i) negotiating and executing any agreement and any required amendments to the State Grants with any State Authority, as applicable, (ii) being solely responsible for all communications with the applicable State Authority in respect of the State Grants (iii), overseeing State Grant implementation to ensure all applicable scopes of work are completed and conducted in compliance with the applicable State Grant terms and conditions, (iv) producing or collecting deliverables required by the State Grants and providing all such deliverables to the applicable State Authorities, (v) seeking reimbursement or refunds for any Program

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Reimbursement Amounts and (vi) participating and facilitating audits as may be required from time to time by the State Authorities. Operator covenants and agrees to provide any and all information, documentation, or support as reasonably requested by ChargePoint which is within the possession of or reasonably accessible to Operator in connection with the administration of any State Grant during the term when any State Grant imposes any obligations on ChargePoint with respect to the Sites (the “Commitment Period”)

3. APPLICABLE PROGRAM COMPLIANCE.

3.1 Applicable Programs. Operator acknowledges and agrees that its ownership, control and operation of Charging Equipment at each Site is subject in all respects to the terms, conditions and requirements of each Applicable Program. Operator acknowledges and agrees it has received, reviewed and is familiar with all the terms, conditions and requirements of each State Grant and Operator shall own, control and operate any Charging Equipment at each Site in conformance with all obligations under such State Grants and shall not take any action in violation, breach or in contravention of any terms of the Applicable Programs.

3.2 Restrictions. Operator acknowledges and agrees that pursuant to the restrictions imposed on the Sites by the Applicable Programs, Operator may be limited or restricted from using the Charging Stations or Sites other than in full compliance with the Applicable Programs, including, but not limited to, restrictions that may relate to branding requirements; construction and Site Design requirements; public accessibility standards or applicable laws; Charging Stations performance requirements, including pricing fees or charges for the use of the Charging Equipment, EV standards or EV connector types; and any other requirement, deliverable or term as required by any State Authority or the Applicable Programs. Operator acknowledges and agrees that Operator shall be exclusively responsible for all Grant Implementation Costs necessary for it to comply with any rules, regulations, terms, conditions or obligations imposed by any Applicable Program or State Authority at each Site. Attached hereto as Exhibit B is a non-exclusive list of restrictions, covenants and obligations that may be imposed on Operator in connection with the operation of the Charging Equipment and use of the Sites pursuant to the Applicable Programs.

3.3 Cloud and Assure Plans. Operator covenants and agrees that it shall separately execute, purchase and maintain a Cloud Plan and Assure Plan for all Charging Stations maintained at any Sites during the applicable Commitment Period. Operator further covenants and agrees to maintain all Charging Stations at each Site on the ChargePoint Network during the applicable Commitment Period for each State Grant. Operator acknowledges and agrees any Cloud Plans or Assure Plans obtained and subject to this Section 3.3 may not be canceled or terminated for any reason, with or without cause.

3.4 Operations. In addition to any obligations imposed on Operator pursuant to the State Grants, Operator covenants and agrees to keep all Charging Stations installed at any Site in a manner and in locations that make each available for access and use by the general public twenty-four (24) hours per day, seven (7) days a week and in all respect in full compliance with each applicable State Grant.

3.5 Data Sharing. Operator acknowledges and agrees that, as a condition to the State Grants, ChargePoint may be obligated to share information about, or generated from, the Charging Stations, the Sites or maintained by ChargePoint on the ChargePoint Network related to the Charging Stations (the “Charging Information”) with the federal government or State Authorities as required or requested pursuant to the terms of the State Grants. Operator hereby acknowledges and agrees that ChargePoint is authorized to share, provide and transfer any and all Charging Information required by an Applicable Program or as requested by any federal government authority or State Authority. Operator further acknowledges and agrees that ChargePoint is not responsible for, nor has any authority with respect to, the privacy practices or use of the Charging Information by any of the federal government or any State Authority, including whether any such Charging Information may be made public. ChargePoint retains all Intellectual Property Rights to any Charging Information as set forth in any applicable Cloud Plan. Attached hereto as Exhibit C is a non-exclusive list of data elements that may be included in the Charging Information and shared with the federal government or State Authorities pursuant to the Applicable Programs as such may be amended or updated from time to time.

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3.6 Insurance. Operator shall obtain and maintain in full force and effect all insurance coverages required to be maintained by ChargePoint under any of the State Grants during the Commitment Period as if Operator was a recipient of the State Grants. Each of the aforementioned insurance policies shall contain a provision providing a waiver of the insurer's right to subrogation. Each Party hereby waives all rights of subrogation against the other with respect to any insurance policies maintained pursuant to this Section 3.6.

3.7 Ownership. Operator covenants and agrees to own and maintain the Charging Equipment at each applicable Site for the entire Commitment Period. Operator covenants not to sell, remove, assign, or otherwise transfer the Charging Equipment to any third-party during the Commitment Period without prior written consent of (i) ChargePoint and (ii) each State Authority, as applicable. Pursuant to the provisions of this Agreement, the State Grants, and any other applicable agreement, if Operator attempts to remove, assign, sell or otherwise transfers the Charging Equipment to any third-party prior to the end of the Commitment Period in violation of the preceding sentence, in addition to any other rights or remedies in favor of ChargePoint hereunder, Operator acknowledged and agrees it shall be liable to ChargePoint for the remedies as set forth in Section 12.4.1.

4. TRANSFER OF CHARGING STATIONS; PAYMENT OBLIGATIONS;

REIMBURSEMENT

4.1 Transfer, Shipment and Delivery. ChargePoint shall deliver the Charging Stations to each Site at the address identified on Exhibit A-1 and Operator shall pay for the cost of all shipment, delivery and applicable taxes with respect to the Charging Stations. Ownership, title and risk of loss to the Charging Stations shall pass to Operator upon activation of the Charging Stations on the ChargePoint Network. ChargePoint shall promptly ensure that new equipment is promptly acquired to replace any equipment lost or damaged prior to activation, except to the extent arising from the negligence or willful misconduct of Operator. If Operator desires expedited shipment terms, Operator shall be responsible for all additional delivery charges.

4.2 Payment Schedule. Operator shall pay ChargePoint the Contribution Costs in the amounts and pursuant to the schedule provided on Exhibit D. “Contribution Costs” means the Equipment Installation Costs (as defined below), the costs of the Charging Stations, applicable the Cloud Plan subscriptions and Assure Plan subscription, and any other costs associated with the shipment, installation and operation of the Charging Equipment. All Contribution Costs, including, without limitation, any increase to such Contribution Costs as a result of approved Change Orders pursuant to Section 5.4, shall be due and payable as set forth on Exhibit D and in any event, net thirty (30) days from the date of invoice by ChargePoint.

4.3 Reimbursement; Timely Payment. Operator acknowledges and agrees that State Grants may reimburse the Program Reimbursement Amounts (as defined below) and that ChargePoint shall be eligible to retain all Program Reimbursement Amounts and Operator shall have no right or claim to any Program Reimbursement Amounts. Operator further acknowledges that its failure to pay ChargePoint, in accordance with this Section 4, shall constitute an “Event of Default” of this Agreement, provided however, ChargePoint may, at its sole option upon ten (10) calendar days’ prior written notice to Operator, cover a portion of the Operator’s Contribution Costs and Operator shall be fully liable to ChargePoint for such Contribution Costs, plus an additional 10% of such Contribution Costs in addition to any collection fees, including attorneys’ fees, which shall be due and payable net thirty (30) days from the date of invoice by ChargePoint.

5. INSTALLATION

5.1 Site Development Management. Operator hereby selects and appoints ChargePoint as Operator’s development manager for all purposes in connection with the installation of the Charging Equipment at each applicable Site (“Development Management”). ChargePoint will select, contract with and manage a general contractor with an A- General Engineering Contractor or B- General Building Contractor license in good standing from the Contractors State Licensing Board (“Installer”), who may use properly licensed specialty subcontractors to install the Charging Equipment at each applicable Site. The Installer shall perform and/or

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hire vendors and subcontractors to perform (i) all installation and electrical make-ready of the Charging Equipment, (ii) Site preparation, trenching, repaving, and landscaping directly related to the installation of the Charging Equipment, including any and all permitting requirements (iii) installation of any signage, and (iv) any other construction, preparation or installation work necessary or related to any of the foregoing, (collectively “Equipment Installation”). The Equipment Installation is a Public Project under Labor Code Section 1720. The Installer shall also perform and/or hire vendors and subcontractors to perform Site Design, engineering and permitting services. Unless specifically agreed to in writing by ChargePoint in advance, only the Installer may perform Equipment Installation. ChargePoint shall enter into any agreements as necessary with the Installer in connection with the Equipment Installation, provided that, subject to Operator’s reasonable review (which shall not exceed five (5) business days), such contracts shall include, at minimum, commercially reasonable warranty, indemnification, and insurance obligations, as applicable. Upon Operator’s written request, ChargePoint shall provide a copy of the executed agreement with Installer.

Operator acknowledges and agrees that all Equipment Installation shall be performed pursuant to and subject to the State Grant requirements and ChargePoint shall exclusively manage and direct the Installer so that the Equipment Installation is performed in accordance with the timing, requirements and conditions of the applicable State Grants. A non-exclusive list of ChargePoint responsibilities under this Agreement in connection with the Development Management is set forth on Exhibit E. Operator acknowledges and agrees that ChargePoint’s obligation with respect to the Development Management is to use commercially reasonable efforts to cause the Equipment Installation to be completed in accordance with the Site Design and within the time schedule set forth in the Agreement with the Installer, but that ChargePoint shall not be deemed to have given any guaranty or warranty that any of the foregoing can be accomplished and shall not be liable for the errors, omissions or breaches of contract by any other party providing goods or services in connection with the Equipment Installation, including the Installer. ChargePoint, however, shall promptly notify Operator when it reasonably anticipates that the Equipment Installation cannot be completed. Operator shall allow utility upgrades on site, including individual metering of the Charging Stations. Operator agrees to reasonably cooperate in the facilitation of the provision of electricity and any other utilities necessary to operate the Charging Equipment, including by granting (for property owned by Operator) or consenting to the granting of (for property leased by Operator) appropriate easements to local utility providers within 30 days of ChargePoint’s request. ChargePoint does not have any responsibility or liability for interruption, curtailment, failure, or defect in the supply or character of utilities furnished to facilities or equipment located in any Site.

5.2 Installation Costs. The State Grant shall provide a set amount intended to reimburse the eligible costs associated with the Charging Equipment, Site Design, and selected Equipment Installation costs (the “Equipment Installation Costs”) as set forth on Exhibit D (the “Program Reimbursement Amounts”).

ChargePoint shall provide estimated Site Design costs and Equipment Installation Costs as set forth on Exhibit D as of the Effective Date, provided however, such estimated Site Design costs and Equipment Installation Costs may be subject to change as a result of final bids received by Installers and approved Change Orders in accordance with Section 5.4. Notwithstanding the estimated Contribution Costs as set forth on Exhibit D, Operator shall be responsible for all Charging Equipment, Site Design costs, Equipment Installation Costs and Grant Implementation Costs in excess of the Program Reimbursement Amounts, in accordance with Sections

4.2 and 4.3, and all such amounts shall be due and payable by Operator within thirty (30) days of demand thereof.

5.3 Site Design Review. ChargePoint may provide Operator with designs, drawings, plans, specifications, reports, bids, proposals, construction schedules and other information related to the development of applicable Sites (collectively, the “Site Designs”). To the extent Operator is requested or required to review or approve any Site Designs by ChargePoint, Operator shall provide such review or approval within a commercially reasonable time, which in no event shall be longer than ten (10) business days after request by ChargePoint.

Failure by Operator to comment or approve any Site Designs in accordance with the preceding sentence shall be deemed approval of such Site Designs as submitted by ChargePoint. Further, Operator covenants and agrees to provide commercially reasonable assistance, and any and all information Operator may have or obtain in

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connection with the Sites, for the purpose of the Site Designs or Equipment Installation and ChargePoint shall be entitled to rely upon the accuracy and completeness of any such information provided. ChargePoint shall be responsible for scheduling all Equipment Installation activities. Such Equipment Installation schedule shall be binding unless Operator provides at least twenty (20) business days’ prior written notice of any need to reschedule. ChargePoint will use commercially reasonable efforts to provide at least two (2) business days’ prior written notice of any need to reschedule such Equipment Installation. Operator and ChargePoint shall work together in good faith to enable timely Equipment Installation schedules and meet all applicable State Grant performance or installation requirements and associated deadlines. Operator acknowledges and agrees that the Site Design and Equipment Installation is subject to the terms of the State Grants and Operator shall be liable to maintain each Site in full conformance with the terms of the State Grants in addition to all applicable federal, state, and local electrical and building codes for construction, including applicable accessibility requirements.

5.4 Change Orders. After commencing Equipment Installation, the Installer may identify a need for additions, deletions, or revisions required for successful Equipment Installation. Such changes shall be provided as a written change order (“Change Order”), itemized and signed by Installer. If such Change Order increases or decreases the Equipment Installation Costs beyond the applicable Program Reimbursement Amount, ChargePoint shall submit such Change Order to Operator and if Operator does not reject such Change Order within five (5) business days thereof, such Change Order will be deemed approved by Operator. If Operator rejects a Change Order, such rejection shall indicate with specificity the reasons for rejection, provided however, if such Change Order is required in order to comply with any applicable State Grant requirement, such Change Order may not be rejected by Operator. ChargePoint and Operator agree to confer in good faith to review any rejected Change Order to resolve any bona fide dispute within ten (10) calendar days after such Change Order is rejected by Operator. Pursuant to Section 5.2, Operator shall pay for all approved, non-rejected or required Change Order costs in addition to previously agreed Equipment Installation Costs.

5.5 Site Access. Operator shall provide or secure for ChargePoint, the Installer and their respective representatives and subcontractors a right of entry and access at the Sites as needed by ChargePoint and the Installer and necessary in order for ChargePoint and the Installer to perform Equipment Installation and any related tasks under this Agreement. In the event that the Operator does not own or control an applicable Site, Operator shall obtain permission from the Site Host for a right of entry as needed by ChargePoint, the Installer, and their respective representatives and subcontractors to perform the work under this Agreement.

6. INTELLECTUAL PROPERTY. Notwithstanding anything to the contrary herein, as between ChargePoint and Operator, ChargePoint shall retain all ownership of all Intellectual Property Rights in the Charging Stations. Except for the rights expressly granted herein, nothing in this Agreement shall convey, license, or otherwise transfer any right, title, or interest in any Intellectual Property Rights or other proprietary rights held by ChargePoint or Operator. Each Party reserves all rights not specifically granted to the other Party under this Agreement, and no licenses or other rights to Intellectual Property Rights are granted by implication, estoppel or otherwise.

7. CONFIDENTIALITY.

7.1 Non-Disclosure. The Parties acknowledge that they will have access to certain non-public information and materials concerning each other’s business and products that are confidential and of substantial value to the disclosing Party (the “Confidential Information”), which would be impaired if such Confidential Information was disclosed to third parties. The Parties agree that the terms and conditions of this Agreement are the Confidential Information of each Party. Each Party agrees that it will not use such Confidential Information of the other Party, except in performance of this Agreement or disclose such Confidential Information to third parties except as required by applicable law, including the California Public Records Act, and provided the receiving Party uses reasonable efforts to give the disclosing Party reasonable notice of such required disclosure. Each Party will also take every reasonable precaution to protect the Confidential

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Information of the other Party. For purposes of the foregoing obligations, Confidential Information does not include information that (i) was rightfully known to the receiving Party prior to its receipt, (ii) is or becomes publicly available without breach of this Agreement or wrongful act of the receiving Party, (iii) is received by receiving Party without an obligation of confidentiality and without breach of this Agreement, or (iv) is developed independently by the receiving Party without using Confidential Information of the disclosing Party. The Parties acknowledge and agree that this Section 7 shall not apply to any information, including Charging Information, this Agreement or any Exhibit hereto, that ChargePoint is obligated to requested to provide to any third party, including any State Authorities, pursuant to the State Grants.

8. REPRESENTATONS AND WARRANTIES. Each Party hereby represents and warrants to the other that:

8.1 Each Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation and has all requisite power and authority to execute, deliver and perform its obligations under this Agreement.

8.2 The execution, delivery and performance by each Party of this Agreement have been duly authorized by all necessary corporate action, and do not and will not require any further consents or approvals which have not been obtained, or materially violate any provision of any applicable law or the State Grant.

8.3 There are no material actions or proceedings pending or, to each Party’s knowledge, threatened before any court or agency or any material outstanding unsatisfied judgment that will have a material adverse effect on such Party’s ability to perform its obligations hereunder.

8.4 Neither Party is insolvent, has not filed or had filed against it a petition in bankruptcy, has not made an assignment for the benefit of creditors or otherwise had a receiver or trustee appointed with respect to its properties or affairs and has not incurred any obligations or liabilities, contingent or otherwise, which would cause it to become insolvent.

8.5 This Agreement is the legal, valid and binding obligation of each Party, enforceable against such party in accordance with its terms and applicable law except as enforceability may be limited by bankruptcy, reorganization, insolvency, moratorium and other laws affecting creditors’ rights in general and except to the extent that the availability of equitable remedies is subject to the discretion of the court before which any proceeding therefor may be brought.

9. INDEMNIFICATION.

9.1 Indemnification. Each Party and its Affiliates (the “Indemnifying Party”) hereby agrees to indemnify, defend and hold harmless the other Party and its Affiliates and its and their respective employees, officers, directors, and agents (the “Indemnified Parties”) from and against any and all third party claims, actions, proceedings, costs, liabilities, damages, losses and expenses (including, but not limited to, reasonable outside attorneys’ fees and costs) (collectively, “Claims”) suffered or incurred by such Indemnified Parties resulting from or arising out of (i) any breach of any representation or covenant contained in this Agreement by the Indemnifying Party, (ii) any act or omissions by an Indemnifying Party in connection with, relating to, or resulting from any violation or breach of the terms, conditions rules or regulations of any Applicable Program, (iii) any fines or penalties arising from a violation of applicable laws or any Applicable Program by the Indemnifying Party, (iv) grossly negligent or tortious acts, errors, or omissions by the Indemnifying Party, or (v) intentional acts or willful misconduct, in each case by or of the Indemnifying Party, excepting only such Claims to the extent caused by the willful misconduct or gross negligence of the Indemnified Party;

9.2 Indemnification Procedure. An Indemnified Party will promptly notify in writing the Indemnifying Party of the Claim, provided that a Indemnified Party’s failure to promptly notify the Indemnifying Party shall not release, waive or otherwise affect the Indemnifying Party of its indemnification obligations hereunder,

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except to the extent that such failure prevents the Indemnifying Party from defending the Claim. The Indemnifying Party, on behalf of the Indemnified Party, shall have the right to elect to assume control over the defense of the Claim with counsel reasonably acceptable to the Indemnified Party, provided that the costs and expenses incurred by the Indemnified Party in connection with such defense (including reasonable outside attorneys’ fees, other professionals’ and experts’ fees and court or arbitration costs) shall be paid by the Indemnifying Party. In the event of a conflict of interest between the Indemnifying Party and the Indemnified Party as to the defense of any Claim for which indemnification is required hereunder, the Indemnified Party may engage counsel of its own choice to participate in the defense of such Claim (which counsel shall be reasonably satisfactory to the Indemnifying Party) at the expense of the Indemnifying Party. The Indemnifying Party shall not, without the Indemnified Party’s prior written consent, settle a Claim if such settlement arises from or is part of any criminal action, suit or proceeding or contains a stipulation to or admission or acknowledgment of, any liability or wrongdoing (whether in contract, tort or otherwise) on the part of the Indemnified Party. Each such settlement shall include a full and unconditional release of the Indemnified Party. If an Indemnifying Party fails to promptly defend the Claim, the Indemnified Party shall have the right to defend the Claim at the Indemnifying Party’s sole cost and expense.

10. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES; LIMITATION OF LIABILITY.
(A) REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS

ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL EITHER PARTY BE LIABLE

FOR ANY LOST REVENUE OR PROFIT, LOST OR DAMAGED DATA, BUSINESS

INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,

INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE

THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO

USE THE CHARGEPOINT NETWORK, ANY CHARGEPOINT SERVICES, ABILITY TO USE

ANY SITE, THIS AGREEMENT, A STATE GRANT OR RECEIPT OF RIGHTS OR

OTHERWISE OR BASED ON ANY EXPRESSED, IMPLIED OR CLAIMED WARRANTIES NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT.
(B) THE PARTIES ACKNOWLEDGE AND AGREE THAT:

I. THE AGGREGATE TOTAL LIABIITY FOR CHARGEPOINT HEREUNDER, INCLUDING

ANY INDEMNIFICATION OBLIGATIONS AND DEFENSE OF ANY AND ALL CLAIMS ON THE

PART OF CHARGEPOINT, SHALL NOT EXCEED THE VALUE OF ALL AMOUNTS PAID (OR

PAYABLE) TO CHARGEPOINT BY OPERATOR UNDER THIS AGREEMENT IN THE PREVIOUS

TWELVE MONTHS FROM THE DATE THAT A CAUSE OF ACTION GIVING RISE TO SUCH

LIABILITY ARISES, PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION OF LIABILITY

SHALL NOT APPLY TO ANY LIABILITY OF CHARGEPOINT DUE TO ANY FRAUD, GROSS

NEGLIGENCE, OR WILLFUL MISCONDUCT ON THE PART OF CHARGEPOINT II. THE AGGREGATE TOTAL LIABILITY FOR OPERATOR HEREUNDER, INCLUDING

INDEMNIFICATION OBLIGATIONS AND DEFENSE OF ANY AND ALL CLAIMS ON THE PART OF

OPERATOR, SHALL NOT EXCEED THE CONTRIBUTION COST REQUIRED OF OPERATOR

UNDER EXHIBIT D, PROVIDED THAT THE FOREGOING LIMITATION OF LIABILITY SHALL NOT

APPLY TO ANY LIABILITY OF OPERATOR DUE TO (A) ANY FRAUD, GROSS NEGLIGENCE, OR

WILLFUL MISCONDUCT ON THE PART OF OPERATOR, AND (B) ANY PROGRAM PENALTY (AS DEFINED IN SECTION 12.4.1).

11. DISCLAIMER.

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EXCEPT FOR THOSE TASKS REQUIRED UNDER TASK 4 IN THE CALIFORNIA ENERGY COMMISSION GRANT #ARV-22-007 SCOPE OF WORK THAT ARE PERFORMED BY

CHARGEPOINT UNDER THE ASSURE PLAN AND EXCLUDED FROM THE FOLLOWING

DISCLAIMERS, CHARGEPOINT MAKES NO WARRANTY WITH RESPECT TO THE

PERFORMANCE OF THE CHARGING STATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. CHARGEPOINT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES,

INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF

THIRD-PARTY RIGHTS BY THE CHARGING STATIONS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHARGEPOINT DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF CHARGING STATIONS.

ALL SERVICES PROVIDED HEREUNDER ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO

OTHER CHARGEPOINT REPRESENTATION, WARRANTY, PROMISE OR GUARANTEE OF ANY

KIND, EITHER EXPRESS OR IMPLIED, IS INCLUDED OR INTENDED BY THIS AGREEMENT OR

IN ANY PROPOSAL, CONTRACT, REPORT, STATEMENT OF WORK OR OTHER DOCUMENT IN

CONNECTION WITH THE SERVICES THAT IS PROVIDED BY CHARGEPOINT, AND

CHARGEPOINT SPECIFICALLY DISCLAIMS ALL OTHER SUCH WARRANTIES, INCLUDING THE

WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR

PURPOSE OR USE AND COMPLIANCE WITH ANY FEDERAL, STATE, AND LOCAL

ENVIRONMENTAL PROTECTION, POLLUTION, HEALTH AND SAFETY OR LAND USE LAWS,

RULES, REGULATIONS, ORDINANCES, ORDERS, REQUIREMENTS OR COMMON LAW AND REGULATIONS PROMULGATED UNDER ANY OF THE FOREGOING.

12. TERM AND TERMINATION.

12.1 Term. This Agreement shall commence on the Effective Date and continue until the end of the last Commitment Period. Notwithstanding the foregoing however, in the event the State Grant applicable to a Site is cancelled, terminated, or the State Authority fails to approve any Site for inclusion or participation in any State Grant, all provisions in this Agreement related to administration of such State Grants as set forth in Section 2 and Section 3 for such Site shall immediately be cancelled and terminated with respect to such Site, provided however, that Operator shall remain obligated for all payments to ChargePoint upon request of any amounts due and owning under this Agreement with respect to such Site and Operator shall remain liable for payment in full of any such amounts notwithstanding anything to the contrary herein.

12.2 Termination for Breach. “Event of Default” shall mean any of the following: (i) monetary default under this Agreement by Operator, which default is not cured within 5 days after written notice by ChargePoint, (ii) non-monetary default under this Agreement by Operator, which default is not cured within 30 days after written notice by ChargePoint, and (iii) any breach of any provision of this Agreement by Operator which is a violation of applicable laws. Upon the occurrence of an Event of Default, then, in addition to any other applicable remedies hereunder, ChargePoint shall have the right upon notice to immediately terminate this Agreement upon written notice to Operator, without any further obligation or liability. Failure of ChargePoint to immediately terminate this Agreement upon the occurrence of an Event of Default shall not constitute a waiver of ChargePoint’s right to terminate. If Operator repeatedly breaches any of its obligations under this Agreement, whether or not (i) the effect thereof could reasonably be considered material or (ii) such repeated breaches were cured, then ChargePoint may, by giving notice to Operator, terminate this Agreement as of the termination date specified in such notice without regard to any applicable cure period.

12.3 Termination for Insolvency. At the option of the non-insolvent Party, this Agreement shall terminate immediately if the other Party: (a) admits in writing its insolvency or its inability to pay its debts generally as they become due; (b) files a petition or answer seeking reorganization or liquidation under any provision of any federal or state bankruptcy or insolvency laws; (c) makes an assignment for the benefit of creditors; (d) consents to the appointment of a receiver for all or any substantial part of its assets; (e) has a petition in

10 ChargePoint Confidential Information
bankruptcy filed against it, and such petition is not dismissed within ninety (90) days after the filing thereof; (f) has an order, judgment or decree appointing a receiver for all or any substantial part of such Party’s assets entered against it by a court of competent jurisdiction; or (g) has all or any substantial part of its assets become subject to the custody or control of a court of competent jurisdiction under the provisions of any other law for the relief or aid of debtors and such custody or control is not terminated or stayed within sixty (60) days from the date of the court’s assumption of such custody or control. The occurrence of any of the events described in the immediately preceding sentence shall also constitute a material breach of this Agreement.

12.4 Remedies.

12.4.1 In the event of any termination of this Agreement pursuant to Section 12.2 or 12.3, prior to the occurrence of the end of the last Commitment Period, in addition to any other remedies available to ChargePoint hereunder, including any remedies as set forth in Section 9, Operator shall be obligated to pay to ChargePoint an amount equal to the aggregate of the Program Reimbursement Amounts for each Site still subject to any Commitment Period (the “Program Penalty”). The Parties agree the Program Penalty is fair and reasonable, considering the damages that ChargePoint would sustain as a result of Operator’s failure to adhere to the restrictions as set forth in Section 3, and the Program Penalty is agreed upon and fixed as liquidated damages, and not as a penalty, because of the difficulty of ascertaining the exact amount of damages that ChargePoint would sustain as the result of Operators breach of its obligations as set forth in Section 3. The application of any Program Penalty hereunder shall be assessed, determined and calculated on a Site-by-Site basis.

12.5 Survival. Those provisions dealing with Intellectual Property Rights, limitations of liability and disclaimers, governing law and those other provisions which by their nature or terms are intended to survive the termination of this Agreement will remain in full force and effect as between the Parties regardless of the termination of this Agreement. The termination of this Agreement will not relieve either Party of any liability under this Agreement that accrued before such termination.

13. GENERAL

13.1 Assignment. Neither Party may assign, delegate, or transfer this Agreement or any of its rights or duties hereunder, without the prior written consent of the other Party. Any attempted assignment or delegation in violation of this section shall be void. The provisions of this Agreement shall be binding upon and inure to the benefit of the Parties, their successors and permitted assigns. Notwithstanding the foregoing, either Party may assign its rights and duties hereunder in connection with a merger, acquisition, stock sale, or sale of all or substantially all of its assets (a “Change of Control”); provided however, the forgoing shall only apply to Operator in the event the third-party acquiring Operator in connection with any such Change of Control assumes, in writing, all the rights and obligations of Operator hereunder prior to the consummation of such Change of Control.

13.2 Counterparts. This Agreement may be executed in one or more counterparts, including by electronic signature or email delivery, each of which shall be deemed an original, but all of which, taken together, shall constitute but one and the samedocument.

13.3 Entire Agreement. This Agreement and the Exhibits constitute the entire agreement between the Parties regarding the subject matter hereof and supersedes and replaces any prior or contemporaneous agreements, understandings and negotiations regarding the same between the Parties and all past dealings or industry customs.

13.4 Force Majeure. “Force Majeure” means any act of God, fire, natural disaster, earthquake, accident, act of government, or an act that is beyond the reasonable control of either Party. Neither Party will be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach

11 ChargePoint Confidential Information
are delayed or prevented by reason of Force Majeure, provided that such Party gives the other Party written notice thereof promptly and, in any event, within thirty (30) days after discovery thereof and uses its best efforts continue to so perform or cure. In the event of Force Majeure, the time for performance or cure will be extended for a period equal to the duration of the Force Majeure.

13.5 Governing Law. This Agreement shall be governed by the laws of the State of California (other than its conflicts of law principles). The Parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Sonoma County, California.

13.6 Independent Contractors. In performing their respective duties under this Agreement, each of the Parties will be operating as an independent contractor. Nothing contained herein will in any way constitute any association, partnership, or joint venture between the Parties, or be construed to evidence the intention of the Parties to establish any such relationship. Neither Party will have the power to bind the other Party or incur obligations on the other Party’s behalf without the other Party’s prior written consent.

13.7 Notices. Any required or permitted notices hereunder must be given in writing at the address of each Party set forth below, or to such other address as either Party may substitute by written notice to the other in the manner contemplated herein, by one of the following methods: hand delivery; registered, express, or certified mail, return receipt requested, postage prepaid; nationally-recognized private express courier; or electronic mail (e-mail) with confirmation of delivery (provided if sent by e-mail, such notice is also sent within one (1) Business day by one of the other methods set forth in this Section 13.7). Notices will be deemed given on the date received.

ChargePoint: Operator:

ChargePoint, Inc. City of Ukiah, Electric Department
240 East Hacienda Ave. 300 Seminary Ave.

Campbell, Ca. 95008-6918 Ukiah, CA. 954582
Attn: General Counsel Attn: Sage Sangiacomo
Email: [email protected] Email: [email protected]

13.8 Severability. If any term or provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.

13.9 Modification and Waiver. This Agreement may not be modified except by a written agreement signed by both ChargePoint and Operator. The failure of a Party to insist on strict performance of any provision of this Agreement does not constitute a waiver of, or estoppel against asserting, the right to require performance in the future. A waiver or estoppel given in any one instance does not constitute a waiver or estoppel with respect to a later obligation or breach.

13.10 Headings. The headings and captions are included for reference purposes only and do not affect the interpretation of the provisions hereof.

13.11 Publicity. Neither Party may make press releases or other public announcements relating to the subject matter of this Agreement without the prior written consent of the other Party.

13.12 Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring either Party by virtue of the authorship of any of the provisions of this Agreement.

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[Remainder of Page Intentionally Left Blank]

13 ChargePoint Confidential Information
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the Effective Date by their duly authorized representatives.

CHARGEPOINT, INC. THE CITY OF UKIAH
Signature: Signature:

Name: Name: Sage Sangiacomo
Title: Title: City Manager
Date: ____________________________ Date: ____________________________

14 ChargePoint Confidential Information
EXHIBIT A-1
State Grant Site
California Energy Commission Rural Electric
Vehicle Charging Grant #ARV-22-007 (“CEC
REV Grant”)
Downtown Ukiah Parking Lot - 289 North Main
Street, Ukiah, CA, 95482; APN: 002-192-01
CEC REV Grant Anton Stadium - 558 Park Blvd, Ukiah, CA 95482 CEC REV Grant Ukiah Skate Park - 1043 Low Gap Rd, Ukiah, CA 95482

15 ChargePoint Confidential Information
EXHIBIT A-2
State Grants
Operator acknowledges and agrees it has received and reviewed the State Grant ARV-22-007 between ChargePoint, Inc. and California Energy Commission (“CEC”) made effective on 1/25/23 (“CEC REV Grant”).

16 ChargePoint Confidential Information

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EXHIBIT B
State Grant Specific Restrictions
B-1: State Grant Specific Restrictions for CEC REV Grant.

1. Commitment Period. Operator shall keep the Charging Equipment operational and connected to the ChargePoint Network, and make the Charging Equipment accessible to the public, clear of snow, and well-lit, twenty-four (24) hours a day for three hundred sixty-five (365) days a year, for a period of five (5) years commencing on the date the Charging Equipment is made available for charging.

2. Pricing Policy Operator acknowledges and agrees that the purpose of any fees charged by Operator for use of the Charging Equipment by drivers (“Charging Fees”) is to make a reasonable rate of return on Operator’s capital investment and operational expenses, including electricity costs. The Charging Fees shall be comparable to other public charging fees in the area near the applicable Site.

Publicity

1. Publicity. ChargePoint will collaborate with an outreach partner to host an event to educate the public about the new Charging Stations. If requested by ChargePoint, Operator shall allow one publicity event at a Site at a mutually-agreed upon date and time. ChargePoint may post social media announcements, blogs or images about the Charging Stations.

2. Publishing Charger Locations. Operator shall permit ChargePoint to display the Charging Equipment on its online map of publicly available charging locations. The location of the Charging Equipment may also be published on other online platforms such as Google Maps, Apple Maps, PlugShare and the U.S. Department of Energy’s Alternative Fuels Data Center.

Weights and Measures Regulations

1. Charging Equipment Registration. Operator shall register Charging Equipment with the applicable county government within three (3) business days of Substantial Completion and ongoing as needed to meet the requirements of the California Business and Professional Code, Division 5 "Weights and Measures", Chapter 5.5, Article 2. Operator shall be responsible for any costs associated with such registration.

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EXHIBIT C
Non-Exclusive List of Charging Information required by State Grants C-1: Non-Exclusive List of Charging Information required by CEC REV Grant.

Data may be reported in aggregate or at the individual Site level, individual charging port level, individual charging session level, or other level of granularity.
o Site address
o Location type, such as street, parking lot, hotel, restaurant, or multi-unit housing o Charging station identifier
o Charging port identifier
o Construction drawings
o Permits
o Final inspection cards
o As-built Drawings
o Utility interconnection information
o Easements
o Photographs of Site(s)
o Costs of Site acquisition, Charging Equipment acquisition and installation, distributed energy resource acquisition and installation, utility distribution and system upgrades, utility service
o Total cost per charger, the subsidy from the CEC per charger, federal subsidy per charger, utility subsidy per charger, and privately funded share per charger. o Name and address of entities involved with installation, operation or maintenance of chargers; participation status of these entities in any state or local business opportunity certification programs
o Distributed energy resource installed capacity, in kW or kWh as appropriate, of asset by type (e.g., stationary battery, solar, etc.)
o Current and planned use of renewable energy at the facility o Energy efficiency measures used in the facility that may exceed Title 24 standards in Part 6 of the California Code Regulations.
o Data on potential job creation, economic development, and increased state revenue as a result of expected future expansion.
o Other information created, shared or developed pursuant to the Installation of Charging Equipment
o Applicable price for charging, including but not limited to: electric utility tariff, electric vehicle service provider (EVSP) service contract, or public charger price. o Number, type, date, and location of chargers installed

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o Nameplate capacity of the installed equipment, in kW for chargers o Number and type of outlets per charger
o Number of charging sessions
o Charging session start and end times
o Duration of charging session
o Duration of active charging
o Charging session error codes
o Energy dispensed (kWh)
o Peak or average power by port (kW)
o Pricing policies
o Payment method
o Driver fees collected
o Energy delivered back to grid or facility if a bidirectional charging use case (kWh) o Normal operating hours and charging station port uptime, downtime, and explanations of variations
o Duration of each outage
o Maintenance and repair cost per charging station
o Types of vehicles using the charging equipment
o Connector types used
o Gallons of gasoline and/or diesel fuel displaced
o Greenhouse gas emissions reduced
o Quantified estimate of the project’s carbon intensity values for life-cycle greenhouse gas emissions.
o Other data collected by ChargePoint’s Network associated with usage of Charging Equipment

EXHIBIT D
Contribution Costs, Payment Schedule and Payment Terms
D-1: Contribution Costs, Payment Schedule and Payment Terms for CEC REV Grant.

Contribution Costs

20 ChargePoint Confidential Information
Site Name: Downtown Ukiah Parking Lot
Site Address: 289 North Main Street, Ukiah, CA, 95482
Cost
Category Itemized Costs Quantity Contribution Cost ($)(2) Program
Reimbursement
Amount ($)(1)
Charging
Stations
EXPP-PL202X1BC-6A1S1-
6A1S 1 $46,900.00 $0.00
Charging
Stations
EXPP-PL202X1BC-6A1S1-
2A3S1 1 $44,500.00 $0.00
Charging
Stations EXPP-PB1000-350A-PD 4 $171,140.00 $0.00
Charging
Stations EXPP-PM-40KW 20 $100,000.00 $100,000.00
Charging
Stations CP6021B-50A-L5.5 1 $8,500.00 $0.00
Charging
Stations
Sales Tax on ChargePoint
Hardware (8.88%)(2) N/A $41,828.35 $0.00
Cloud Plan CPCLD-ENTERPRISEEXPP-5 4 $27,000.00 $0.00
Cloud Plan CPCLD-ENTERPRISE-5 2 $4,320.00 $0.00
Assure Plan EXPP-PL2000-DUALASSURE-5 2 $19,900.00 $0.00 Assure Plan EXPP-BLOCK-ASSURE-5 4 $116,000.00 $0.00
Assure Plan CP6000-ASSURE-5 1 $1,700.00 $0.00
Miscellaneous Signage 6 $390.00 $0.00
Shipping Shipping 1 $1,400.00 $0.00
Site Design Site Design 1 $0.00 $17,000.00
Permits Permits 1 $2,500.00 $0.00
Equipment
Installation Site Installation 1 $0.00 $289,720.60
Equipment
Installation Utility Interconnection 1 $0.00 $69,059.22 Equipment
Installation
EXPP-PL2000-
COMMISSIONING 2 $1,700.00 $0.00
Equipment
Installation
EXPP-BLOCKCOMMISSIONING 4 $6,800.00 $0.00
Equipment
Installation CPSUPPORT-ACTIVE 3 $1,047.00 $0.00
Site Total N/A N/A $595,625.35 $475,779.82
(1) Amounts are estimated and subject to repayment terms under the applicable State Grant. (2) Amounts are estimated and subject to change.

Site Name: Anton Stadium
Site Address: 558 Park Blvd, Ukiah, CA 95482

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Cost Category Itemized Costs Quantity Contribution
Cost ($)(2)
Program
Reimbursement
Amount ($)(1)
Charging
Stations CP6021B-50A-L5.5 3 $25,500.00 $0.00
Charging
Stations
Sales Tax on
ChargePoint Hardware
(8.88%)(2)
N/A $2,264.40 $0.00
Cloud Plan CPCLDENTERPRISE-5 6 $12,960.00 $0.00
Assure Plan CP6000-ASSURE-5 3 $5,100.00 $0.00
Miscellaneous Signage 6 $390.00 $0.00
Shipping Shipping 3 $1,200.00 $0.00
Site Design Site Design 1 $0.00 $11,000.00
Permits Permits 1 $1,500.00 $0.00
Equipment
Installation Site Installation 1 $0.00 $73,882.51
Equipment
Installation Utility Interconnection 1 $0.00 $41,756.51 Equipment
Installation
CPSUPPORTACTIVE 3 $1,047.00 $0.00
Site Total N/A N/A $49,961.40 $126,639.02
(1) Amounts are estimated and subject to repayment terms under the applicable State Grant. (2) Amounts are estimated and subject to change.

Site Name: Ukiah Skate Park
Site Address: 1043 Low Gap Rd, Ukiah, CA 95482
Cost Category Itemized Costs Quantity Contribution
Cost ($)(2)
Program
Reimbursement
Amount ($)(1)
Charging Stations CP6021B-50A-L5.5 3 $25,500.00 $0.00
Charging Stations
Sales Tax on
ChargePoint Hardware
(8.88%)(2)
N/A $2,264.40 $0.00
Cloud Plan CPCLDENTERPRISE-5 6 $12,960.00 $0.00
Assure Plan CP6000-ASSURE-5 3 $5,100.00 $0.00
Miscellaneous Signage 6 $390.00 $0.00
Shipping Shipping 3 $1,200.00 $0.00
Site Design Site Design 1 $0.00 $11,000.00
Permits Permits 1 $1,500.00 $0.00
Equipment
Installation Site Installation 1 $0.00 $58,689.64

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Equipment
Installation Utility Interconnection 1 $0.00 $42,638.31 Equipment
Installation CPSUPPORT-ACTIVE 3 $1,047.00 $0.00
Site Total N/A N/A $49,961.40 $112,327.95
(1) Amounts are estimated and subject to repayment terms under the applicable State Grant. (2) Amounts are estimated and subject to change.

Contribution Cost ($)(2) Program Reimbursement Amount ($)(1) Total for all Sites $695,548.15 $714,746.79
(1) Amounts are estimated and subject to repayment terms under the applicable State Grant. (2) Amounts are estimated and subject to change.

Payment Schedule and Terms
Cost Category Invoice Date or Milestone Payment Terms
Charging Stations On an individual Site basis, 100% of
Charging Station costs invoiced upon
shipping.

Net 30 days from
invoice
Cloud Plan On an individual Site basis, 100% of
Cloud Plan costs invoiced upon
Substantial Completion.

Net 30 days from
invoice
Assure Plan On an individual Site basis, 100% of
Assure Plan costs invoiced upon
Substantial Completion.

Net 30 days from
invoice
Miscellaneous On an individual Site basis, 100% of
Miscellaneous costs invoiced upon
shipping
Net 30 days from
invoice
Shipping On an individual Site basis, 100% of
Shipping costs invoiced upon shipping
Net 30 days from
invoice
Site Design and Permits Upon Effective Date, 100% of Site Design and Permit costs invoiced.

Net 30 days from
invoice
Equipment Installation On an individual Site basis, 80% of Equipment Installation Costs (including
Site Installation, Utility Interconnection,
Power Link Commissioning, Power
Block Commissioning, and Station
Activation)invoiced 45 days prior to
Commencement of Construction. 20%
of Equipment Installation Costs,
plus/minus any change orders invoiced
upon Substantial Completion.

Net 30 days from
invoice

23 ChargePoint Confidential Information

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EXHIBIT E
List ChargePoint responsibilities for Development Management services ChargePoint may perform one or more of the following activities in the role of Development Manager.

ChargePoint may engage one or more qualified contractors to perform these tasks.

1. Utility Application
a. Due Diligence: Determine whether the existing electrical service is sufficient, or a new electrical service is required, by comparing the charger Site layout and power needs with the facility electrical drawings and photos of electrical panels. b. New Service Support: If new or increased electrical service is required, engage the relevant utility to determine availability of electrical grid capacity, correct service voltage, potential lead times for utility design and new electrical service construction, estimated fees (if applicable), and contractor responsibilities.
c. Utility Application: Assist the Operator in completing any utility application.

2. On-site Technical Assessment
a. Site Due Diligence: Assessment of on-site electrical equipment including switchgear, utility service and point of interconnection.
b. Map of Site Conditions: Draft a map of Site conditions including ADA and AHJ requirements, location of switchgear, utility service, interconnections, and transformers. c. Topographical map: Topographical heat map and slope readings of parking areas surrounding desired charging equipment locations where legally permissible.

3. Contractor Procurement
a. Bid Package Development: Create standardized bid package including Construction Contract that contains provisions required by and requires the contractor to comply with prevailing wage requirements in Part 7 of the California Labor Code and implementing regulations, Site design requirements, equipment specifications and timelines. Invite qualified contractors to bid process.
b. Award: Evaluate and compare bids from contractors.
c. Pricing & Scope Negotiation: Negotiate pricing and scope for the final contract with the selected contractor (“Installer”).
d. Execute Installer Contract: Execute contract with the Installer, to include any relevant flowdown requirements from State Grants.

4. Design and Permitting
a. Design: Prepare construction drawings, including electrical single-line diagram. b. Permitting: Confirm Installer secures necessary permits from AHJ.

5. Construction Management
a. Project Coordination: Manage construction kick-off meeting; Regularly scheduled coordination meetings with contractor and Operator based on agreed-on cadence; Maintain running punch list of outstanding construction actions; Manage and track schedules; Manage issues which may impact the schedule or the budget; Track project costs; Analyze and evaluate Installer change orders
b. Construction Management: Coordinate with Installer on procurement of long lead time equipment (switchgear, transformers, EVSE, etc.); Permitting Coordination with contractor; Virtual inspections with Installer/Operator-supplied images; On-site rough inspection visit before trench backfill and wiring, if needed; Manage logistics of ChargePoint Charging Station delivery; Coordinate with Installer to schedule utility upgrades and energization;

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Project management installation and commissioning of ChargePoint charging stations; Work with Installer to ensure final punch list is completed and project passes final inspection by the AHJ; Coordination of close-out and transfer of Electric Vehicle Charging Equipment ownership.

Agenda Item No: 8.c.

MEETING DATE/TIME: 9/4/2024

ITEM NO: 2024-499

AGENDA SUMMARY REPORT
SUBJECT: Award of Purchase of Three (3) Stryker Power Pro 2 Gurneys DEPARTMENT: Fire PREPARED BY: Doug Hutchison, Fire Chief PRESENTER: Doug Hutchison, Fire Chief
ATTACHMENTS:

1. Ukiah x3 XT
Summary: Council will consider the award of purchase of three (3) Stryker Power Pro 2 gurneys from the Stryker Corporation, in the amount of $95,889.95, including tax.

Background: In November 2023, Adventist Health-West conducted a Request for Proposals (RFP) for Inter Facility ambulance transport services. As a local provider, the Ukiah Valley Fire Authority (UVFA) was asked to submit a proposal along with other ambulance providers currently providing service at Adventist facilities. Ultimately, Adventist Health-West chose the Ukiah Valley Fire Authority to provide these services.

At the August 7, 2024, meeting, the City Council approved the Agreement with Adventist Health Systems West for the Ukiah Valley Fire Authority to provide Inter Facility Transports at three (3) of their facilities. These facilities include Adventist Health- Ukiah Valley, Adventist Health-Howard Memorial, and Adventist HealthClearlake.

Discussion: These gurneys are necessary to equip the ambulances to service the agreement with Adventist Health Systems West.

They are identical to, and interchangeable with, the current gurneys in service on the Ukiah valley Fire Authority’s 911 ambulances.

The cost of these units was approved in the FY 25 budget.

See Attachment 1 for a quote from the Stryker Corporation. Please note, that despite the current shipping address on the quote, the PO will direct the shipment to 411 West Clay Street, Ukiah.

Under the Agreement, Adventist Health does not reimburse for capital expenditures directly but instead provides reimbursement through a transport reimbursement schedule and a subsidy provision. The subsidy is designed to provide the City with a minimum level of funding, currently estimated at $1,832,402 annually, to cover all costs related to the provision of transport services if billing receipts are insufficient. While the subsidy aims to bring the City's operations to a break-even point, it is capped at $499,312 annually. The Finance Department has analyzed these reimbursement provisions in the context of the established budget for fiscal year 2024-25 and determined it is reasonable to expect that the City will at least break even on the purchase of the ambulances and equipment over the next three years.

The City will be required to fund the purchase of the ambulances and equipment up front. The Finance Department recommends using an established line of credit for the vehicles and associated equipment with Umpqua Bank.

Recommended Action: Award the purchase of three (3) Stryker Power Pro 2 Gurneys to the Stryker Corporation, in the amount of $95,889.95, including tax.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 71021110.80100: $874,866
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Established capital line of credit.

PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Finance Department
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

Quote Summary
Delivery Address Sold To - Shipping Bill To Account
Name: UKIAH VALLEY FIRE DIST Name: UKIAH VALLEY FIRE DIST Name: UKIAH VALLEY FIRE DIST Account #: 20077453 Account #: 20077453 Account #: 20077453 Address: 1500 S STATE ST Address: 1500 S STATE ST Address:

UKIAH  UKIAH
California 95482-6709  California 95482-6709
Equipment Products:
# Product Description U/M Qty Sell Price Total

1.0  650605550003  6506 MTS PWRPRO COT HIGH CNFIG PCE  3 $28,860.81 $86,582.43 Equipment Total: $86,582.43
Price Totals:

Estimated Sales Tax (0.000%): $0.00
Freight/Shipping: $1,731.65
Grand Total: $88,314.08
Comments/Terms/Signatures
Prices: In effect for 30 days
Terms: Net 30 Days
x4 PPXT
Quote Number: 10918417
Version: 1
Prepared For: UKIAH VALLEY FIRE DIST  Rep: Sahel Segovia Attn:   Email: [email protected]
Phone Number: (408) 545-8169
Quote Date: 08/20/2024
Expiration Date: 01/31/2024
1 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308 Attachment 1

Terms and Conditions:

Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker’s prior written approval, except as may be requested by law or by lawful order of any applicable government agency. A copy of Stryker Medical's terms and conditions can be found at https:// techweb.stryker.com/Terms_Conditions/index.html.
x4 PPXT
Quote Number: 10918417
Version: 1
Prepared For: UKIAH VALLEY FIRE DIST  Rep: Sahel Segovia Attn:   Email: [email protected]
Phone Number: (408) 545-8169
Quote Date: 08/20/2024
Expiration Date: 01/31/2024
2 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308

Agenda Item No: 8.d.

MEETING DATE/TIME: 9/4/2024

ITEM NO: 2024-500

AGENDA SUMMARY REPORT
SUBJECT: Award of Purchase of Three (3) Stryker MTS Power Load Systems.

DEPARTMENT: Fire PREPARED BY: Doug Hutchison, Fire Chief PRESENTER: Doug Hutchison, Fire Chief
ATTACHMENTS:

1. ukiah x3 PL
Summary: Council will consider the award of purchase of three (3) Stryker MTS Power Load Systems, in the amount of $95,892.80 including tax, to the Stryker Corporation.

Background: In November 2023, Adventist Health-West conducted a Request for Proposals (RFP) for Inter Facility ambulance transport services. As a local provider, the Ukiah Valley Fire Authority (UVFA) was asked to submit a proposal along with other ambulance providers currently providing service at Adventist facilities. Ultimately, Adventist Health-West chose the Ukiah Valley Fire Authority to provide these services.

At the August 7, 2024, meeting, the City Council approved the Agreement with Adventist Health Systems West for the Ukiah Valley Fire Authority to provide Inter Facility Transports at three (3) of their facilities. These facilities include Adventist Health- Ukiah Valley, Adventist Health-Howard Memorial, and Adventist HealthClearlake.

Discussion: These Power Load Systems are necessary to equip the ambulances to service the agreement with Adventist Health Systems West. The units assist with lifting the gurney in and out of the ambulances, greatly reducing the risk of injury to staff or patients.

They are identical to, and interchangeable with, the current Power Load Systems in service on the Ukiah Valley Fire Authority’s 911 ambulances.

The cost of the units was approved in the FY 25 budget.

See Attachment 1 for a quote from the Stryker Corporation. Please note, that despite the current shipping address on the quote, the PO will direct the shipment to 411 West Clay Street, Ukiah.

Under the Agreement, Adventist Health does not reimburse for capital expenditures directly but instead provides reimbursement through a transport reimbursement schedule and a subsidy provision. The subsidy is designed to provide the City with a minimum level of funding, currently estimated at $1,832,402 annually, to cover all costs related to the provision of transport services if billing receipts are insufficient. While the subsidy aims to bring the City's operations to a break-even point, it is capped at $499,312 annually. The Finance Department has analyzed these reimbursement provisions in the context of the established budget for fiscal year 2024-25 and determined it is reasonable to expect that the City will at least break even on the purchase of the ambulances and equipment over the next three years.

The City will be required to fund the purchase of the ambulances and equipment up front. The Finance

Department recommends using an established line of credit for the vehicles and associated equipment with Umpqua Bank.

Recommended Action: Award the purchase of three (3) MTS Power Load Systems to the Stryker Corporation, in the amount of $98,040.11, including tax.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 71021110.80100: $874,866
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Established capital line of credit.

PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Finance Department
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

Quote Summary
Delivery Address Sold To - Shipping Bill To Account
Name: UKIAH VALLEY FIRE DIST Name: UKIAH VALLEY FIRE DIST Name: UKIAH VALLEY FIRE DIST Account #: 20077453 Account #: 20077453 Account #: 20077453 Address: 1500 S STATE ST Address: 1500 S STATE ST Address:

UKIAH  UKIAH
California 95482-6709  California 95482-6709
Equipment Products:
# Product Description U/M Qty Sell Price Total

1.0  639005550001  MTS POWER LOAD PCE  3 $28,861.64 $86,584.92 Equipment Total: $86,584.92
Price Totals:

Estimated Sales Tax (0.000%): $0.00
Freight/Shipping: $1,731.70
Grand Total: $88,316.62
Comments/Terms/Signatures
Prices: In effect for 30 days
Terms: Net 30 Days
x4 PL
Quote Number: 10918412
Version: 1
Prepared For: UKIAH VALLEY FIRE DIST  Rep: Sahel Segovia Attn:   Email: [email protected]
Phone Number: (408) 545-8169
Quote Date: 08/20/2024
Expiration Date: 11/25/2024
1 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308 Attachment 1

Terms and Conditions:

Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker’s prior written approval, except as may be requested by law or by lawful order of any applicable government agency. A copy of Stryker Medical's terms and conditions can be found at https:// techweb.stryker.com/Terms_Conditions/index.html.
x4 PL
Quote Number: 10918412
Version: 1
Prepared For: UKIAH VALLEY FIRE DIST  Rep: Sahel Segovia Attn:   Email: [email protected]
Phone Number: (408) 545-8169
Quote Date: 08/20/2024
Expiration Date: 11/25/2024
2 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308

Agenda Item No: 8.e.

MEETING DATE/TIME: 9/4/2024

ITEM NO: 2024-501

AGENDA SUMMARY REPORT
SUBJECT: Award of Purchase of Three (3) Lifepak 15 V4 Cardiac Monitor/Defibrillators.

DEPARTMENT: Fire PREPARED BY: Doug Hutchison, Fire Chief PRESENTER: Doug Hutchison, Fire Chief
ATTACHMENTS:

1. Ukiah x3 LP 15
Summary: Council will consider the award of purchase of three (3) Lifepak 15 V4 cardiac monitor/defibrillators from the Stryker Corporation, in the amount of $166,912.43 including tax.

Background: In November 2023, Adventist Health-West conducted a Request for Proposals (RFP) for Inter Facility ambulance transport services. As a local provider, the Ukiah Valley Fire Authority (UVFA) was asked to submit a proposal along with other ambulance providers currently providing service at Adventist facilities. Ultimately, Adventist Health-West chose the Ukiah Valley Fire Authority to provide these services.

At the August 7, 2024, meeting, the City Council approved the Agreement with Adventist Health Systems West for the Ukiah Valley Fire Authority to provide Inter Facility Transports at three (3) of their facilities. These facilities include Adventist Health- Ukiah Valley, Adventist Health-Howard Memorial, and Adventist HealthClearlake.

Discussion: These cardiac monitor/defibrillators are necessary to equip the ambulances to service the agreement with Adventist Health Systems West.

These units are identical to, and interchangeable with, the current cardiac monitor/defibrillators in service on the Ukiah Valley Fire Authority’s 911 ambulances.

The costs were included in the FY 25 approved budget.

See Attachment 1 for a quote from the Stryker Corporation. Please note, that despite the current shipping address on the quote, the PO will direct the shipment to 411 West Clay Street, Ukiah.

Under the Agreement, Adventist Health does not reimburse for capital expenditures directly but instead provides reimbursement through a transport reimbursement schedule and a subsidy provision. The subsidy is designed to provide the City with a minimum level of funding, currently estimated at $1,832,402 annually, to cover all costs related to the provision of transport services if billing receipts are insufficient. While the subsidy aims to bring the City's operations to a break-even point, it is capped at $499,312 annually. The Finance Department has analyzed these reimbursement provisions in the context of the established budget for fiscal year 2024-25 and determined it is reasonable to expect that the City will at least break even on the purchase of the ambulances and equipment over the next three years.

The City will be required to fund the purchase of the ambulances and equipment up front. The Finance Department recommends using an established line of credit for the vehicles and associated equipment with Umpqua Bank.

Recommended Action: Award the purchase of three (3) Lifepak 15 V4 cardiac monitor/defibrillators to the Stryker Corporation in the amount of $166,912.43, including tax.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 71021110.80100: $874,866
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Established capital line of credit.

PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Finance Department
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

Quote Summary
Delivery Address Sold To - Shipping Bill To Account
Name: UKIAH VALLEY FIRE DIST Name: UKIAH VALLEY FIRE DIST Name: UKIAH VALLEY FIRE DIST Account #: 20077453 Account #: 20077453 Account #: 20077453 Address: 1500 S STATE ST Address: 1500 S STATE ST Address:

UKIAH  UKIAH
California 95482-6709  California 95482-6709
Equipment Products:
# Product Description U/M Qty Sell Price Total

1.0  99577-001957  LIFEPAK 15 V4 Monitor/Defib - Manual & AED, Trending, Noninvasive Pacing, SpO2, SpCO, NIBP, 12-Lead ECG,
EtCO2, BT. Incl at N/C: 2 pr QC Electrodes (11996-000091) & 1 Test Load (21330-001365) per device, 1 Svc Manual
CD (26500-003612) per order
PCE  3 $40,974.35 $122,923.05

2.0  41577-000288  LP15 ACCRY SHIPKIT,AHA,S PCE  3 $0.01 $0.03

3.0  11577-000004  Station Battery Charger - For the LP15 PCE  3 $2,030.40 $6,091.20

4.0  11140-000098  LP15 AC Power Adapter (power cord not included) PCE  3 $1,784.80 $5,354.40

5.0  11140-000080  Extension Cable (5ft 3 in) PCE  3 $332.00 $996.00

6.0  11140-000015  AC power cord PCE  3 $86.40 $259.20

7.0  21330-001176  LP 15 Lithium-ion Battery 5.7 amp hrs PCE  9 $499.20 $4,492.80

8.0  11160-000013  NIBP Cuff-Reusable, Child PCE  3 $27.20 $81.60

9.0  11160-000017  NIBP Cuff -Reusable, Large Adult PCE  3 $37.60 $112.80

10.0  11577-000002  LIFEPAK 15 Basic carry case w/right & left pouches; shoulder strap (11577-000001) included at no additional charge when case ordered with a LIFEPAK 15 device
PCE  3 $356.00 $1,068.00

11.0  11220-000028  LIFEPAK 15 Carry case top pouch PCE  3 $64.00 $192.00

12.0  11260-000039  LIFEPAK 15 Carry case back pouch PCE  3 $91.20 $273.60

13.0  21300-008159  LIFEPAK 15 NIBP Straight Hose, 6' PCE  3 $80.00 $240.00

14.0  11577-000001  LIFEPAK 15 Shoulder strap PCE  3 $43.20 $129.60 x4 LP
Quote Number: 10967883 Remit to: Stryker Sales, LLC
21343 NETWORK PLACE
CHICAGO IL 60673-1213
USA
Version: 1
Prepared For: UKIAH VALLEY FIRE DIST  Rep: Sahel Segovia Attn:   Email: [email protected]
Phone Number: (408) 545-8169
Quote Date: 08/20/2024
Expiration Date: 11/27/2024
1 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308 Attachment 1

# Product Description U/M Qty Sell Price Total

15.0  MVAO  Microstream Advance oral/nasal filter line adult, w/O2 tubing PK  3 $367.20 $1,101.60

16.0  MVAIL  Microstream Advance intubated filter line adult-pediatric, long 25 ct
PK  3 $330.40 $991.20

17.0  MVA  Microstream Advance oral/nasal filter line adult 25ct PK  3 $332.00 $996.00

18.0  11996-000519  LNCS-II rainbow DCI 8? SpCO, Adult Reusable Sensor PCE  3 $687.20 $2,061.60

19.0  11996-000518  RD rainbow Adult/Neo 8? SpCO, SpO2, and SpMet, Adult Adhesive Sensors
PK  3 $767.20 $2,301.60

20.0  11160-000011  NIBP Cuff-Reusable, Infant PCE  3 $24.00 $72.00

21.0  11160-000019  NIBP Cuff-Reusable, Adult X Large PCE  3 $53.60 $160.80 Equipment Total: $149,899.08
Price Totals:

Estimated Sales Tax (0.000%): $0.00
Freight/Shipping: $3,897.18
Grand Total: $153,796.26
Comments/Terms/Signatures
Prices: In effect for 30 days
Terms: Net 30 Days
x4 LP
Quote Number: 10967883 Remit to: Stryker Sales, LLC
21343 NETWORK PLACE
CHICAGO IL 60673-1213
USA
Version: 1
Prepared For: UKIAH VALLEY FIRE DIST  Rep: Sahel Segovia Attn:   Email: [email protected]
Phone Number: (408) 545-8169
Quote Date: 08/20/2024
Expiration Date: 11/27/2024
2 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308

Terms and Conditions:

Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker’s prior written approval, except as may be requested by law or by lawful order of any applicable government agency. A copy of Stryker Medical's terms and conditions can be found at https:// techweb.stryker.com/Terms_Conditions/index.html.
x4 LP
Quote Number: 10967883 Remit to: Stryker Sales, LLC
21343 NETWORK PLACE
CHICAGO IL 60673-1213
USA
Version: 1
Prepared For: UKIAH VALLEY FIRE DIST  Rep: Sahel Segovia Attn:   Email: [email protected]
Phone Number: (408) 545-8169
Quote Date: 08/20/2024
Expiration Date: 11/27/2024
3 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308

Agenda Item No: 8.f.

MEETING DATE/TIME: 9/4/2024

ITEM NO: 2024-519

AGENDA SUMMARY REPORT
SUBJECT: Adoption of an Ordinance Amending Various Sections of the Ukiah City Code to Update the City’s Approval Process for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

DEPARTMENT: Community
Development PREPARED BY: Jesse Davis, Chief Planning Manager PRESENTER: Consent Calendar
ATTACHMENTS:

1. ADU Ordinance - Redline

2. ADU Ordinance - Clean

3. Ukiah - ADU Ordinance Letter - Cal HDF (08.21.2024)
Summary: The ordinance amendment includes changes to various sections of the Ukiah City Code to update the City’s approval process for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). If approved, the amendment will establish standalone articles for the regulation of ADUs and JADUs and facilitate compliance with recent changes in the California Government Code, including AB 976, AB 2221, SB 477 by adding or removing regulatory language as required.

Background: On August 21, 2024, City Council unanimously approved the introduction of the Ordinance as modified and conveyed within Attachment 1. Staff is now asking the Council to adopt the ordinance for which a finalized version is provided in Attachment 2. In summary, the purpose of updating the City’s previously adopted Accessory Dwelling Units (ADU) standards is to:
• Establish standalone articles for the regulation of ADUs and JADUs to improve readability of the City's regulations;
• Clarify ADU development standards to allow for detached ADUs of up to 20’ in height, and ADUs attached to the primary dwelling unit or garage at the maximum height of their zoning district, limited by any airport safety restrictions.
• Update the City’s local ordinance to address recent changes in the California Government Code, including AB 976, AB 2221, SB 477 by adding or removing regulatory language as required. • Provide for effective planning regulations to review and enhance the production of accessory units in all formats and locations throughout the City, recognizing that a substantial percentage of the Accessory Dwelling Units constructed in Ukiah since 2017 were conversions of existing space or modifications to existing structures.

Discussion: In response to the changes directed by the Council during the Public Hearing on August 21, 2024, as well as the public comment submitted by the California Housing Defense Fund (Cal HDF) in Attachment 3, Staff provides the following responses:
• Effective Date: At the direction of the City Council, the effective date of the ordinance is amended so that it does not become effective until review by the California Department of Housing & Community Development (HCD) pursuant to Government Code Section 66326. Government Code Section 66326 requires that a local agency shall submit a copy of the ordinance adopted pursuant to Section 66314 to the Department of Housing and Community Development within 60 days after adoption. After adoption

of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this article.
• Districts Permitted: Staff facilitated a minor update §9056.2(B), to clarify that ADUs are allowed in any district where residential uses are allowed or permitted. Staff notes that the creation of a standalone article to regulate ADUs further improves this consideration. • Fire Sprinklers: Staff has removed proposed language that fire sprinklers may be required if a structure containing an ADU is greater than one thousand two hundred (1,200) square feet. Staff notes that the Fire Prevention Division reviews and evaluates all proposed residential units for life and safety considerations. In the City of Ukiah, ADUs exceeding 1,200 square feet are non-existant, and would be considered atypical and infrequent, as the majority of ADUs are designed to be significantly smaller, conforming with local zoning standards and the character of surrounding residential developments. • Setbacks: Per the California ADU Handbook (2022), "A local agency may still apply front yard setbacks for ADUs, but front yard setbacks cannot preclude an ADU of at least 800 square feet and must not unduly constrain the creation of all types of ADUs (Page 16)." Staff has updated the proposed language to reflect the considerations presented by Cal HDF, and that the application of front yard setbacks do not apply to ADUs of less than 800 square feet. The proposed front yard setback is sourced from the existing City Ordinance. Staff does not consider that front yard setback regulations are hindering the development of ADUs within the City of Ukiah, as evidenced by recent ADUs under construction, including the detached unit at the intersection of Live Oak Avenue and Walnut Avenue, which was a 'Corner Lot' impacted by the application of front-yard setbacks. • Non-Conforming Accessory Structures: Updated to reflect 150 square feet for full-consistency with State law.
• Sidewalk & Stormwater Improvements: Staff has included and retained a linkage within the proposed ADU regulations to UCC §9181(C). This existing regulation requires that curb, gutter, sidewalk, paving and street trees, as determined by the City Engineer be constructed or installed as a condition of approval for building permits where the permit value is equal to or greater than one-third (1/3) of the value of the existing structure, and those considerations are absent. To be sure, these requirements are only considered in the limited circumstances where this infrastructure is absent and the creation of the ADU is more than 1/3 the value of the existing structure. For most ADU conversions, it is unlikely that this requirement would be activated, given the value of property across the City, but could potentially be considered for larger detached units or more comprehensive renovations and development. Since 1982, the City has maintained long-standing goals for street improvements, particularly a complete sidewalk network, as well as improved stormwater management. At this stage only a scattered handful of properties lack these public-facing improvements.

Staff recommends Council adopt the ordinance in Attachment 2.

Recommended Action: Adopt ordinance amending various sections of the Ukiah City Code to update the City’s approval process for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Darcy Vaughn, Assistant City Attorney DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): CL 5A: Update the zoning ordinance GENERAL PLAN ELEMENTS (GP): H-3: Remove governmental constraints to infill housing development; H3.1: Improve building and planning permit processing for residential construction; LU-1: H-3.1: Improve building and planning permit processing for residential construction.

REVISED PER CITY COUNCIL ATTACHMENT 1

08.21.2024
1 ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING AND AMENDING

VARIOUS SECTIONS OF THE UKIAH CITY CODE REGULATING ACCESSORY DWELLING UNITS
The City Council of the City of Ukiah hereby ordains as follows.

SECTION 1
Findings and Declarations. The City Council finds and declares as follows:

A. The proposed amendments to Division 9, Chapter 2 of the Ukiah City Code are consistent with the 2040 Ukiah General Plan and further the goals, objectives, and policies of the 6th Cycle General Plan Housing Element.

B. Per the California Government Code, existing law provides for the creation by local ordinance, or by ministerial approval if a local agency has not adopted an ordinance, of accessory dwelling units to allow single-family or multifamily dwelling residential use in accordance with specified standards and conditions. Existing law also provides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.

C. The adoption of this ADU Ordinance is a necessary action to continue progress towards production of affordable housing in a way that minimizes impacts to local neighborhoods.

D. Then the State revises ADU law, a local jurisdiction’s ADU Ordinance, if non-compliant with the new ADU laws, is rendered “null and void” and local jurisdictions must continue to process ADU applications through a ministerial process in accordance with State law.

E. The State legislature declared that “Housing is a statewide concern”, that California faces a housing crisis, that ADUs are a valuable form of housing, and that local jurisdictions are mandated to comply with applicable State housing laws.

SECTION 2
Division 9, Chapter 2, Article 3, Low density Residential (R-1) of the Ukiah City Code is amended to read as follows (unchanged text is omitted and is shown by “***”):
§9016 ALLOWED USES
Accessory Buildings
Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter.

Accessory dwelling units (ADU) or junior accessory dwelling units (JADU) on lots developed with a primary single-family or multifamily residence or for which a primary residence is proposed subject to the following standards/criteria:

A. The requirements of this subsection are applicable to all existing ADUs and JADUs as well otherwise specifically provided herein. Existing ADUs or JADUs as of the date

REVISED PER CITY COUNCIL ATTACHMENT 1

08.21.2024
2 hereof inconsistent with the provisions listed herein shall be considered legal nonconforming; provided, that they were legal at the time of their creation.

B. Pursuant to California Government Code 65852.2(a)(1)(C) and 65852.22(d) and (e), ADUs and JADUs shall be deemed not to exceed the allowable density for the residential lot upon which an ADU or JADU is located, and ADUs and JADUs are deemed a residential use that is consistent with the existing general plan and zoning designation for the residential lot on which an ADU or JADU is located.

C. These regulations do not allow the division of property upon which an accessory dwelling unit is located unless all requirements of the applicable zoning district and any other requirements of this code are met.

D. The accessory dwelling unit or JADU may be used for rental purposes. The minimum term of a lease for an accessory dwelling unit or JADU shall be thirty (30) days.

E. The ADU or JADU may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence.

F. For development of an ADU or JADU, the applicant shall record a deed restriction, which shall run with the land. A copy showing recordation with the Mendocino County Recorder shall be filed with the City, and shall include both of the following:

1. A prohibition on the sale of the ADU or JADU separate from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers.

2. For a JADU only, a restriction on the size and attributes of the JADU that conforms with this section.

G. Accessory dwelling units may be attached to existing single-family or multiple-family residences or detached as separate structures. Accessory dwelling units shall incorporate the same or substantially similar architectural features, height, building materials and colors as the main dwelling unit or compatible dwellings located on adjacent properties. Architecture not similar to the architecture of the principal dwelling or buildings on adjacent properties shall be subject to the use permit process.

H. Junior accessory dwelling units are installed within a legally established bedroom within the existing walls of a fully permitted single-family dwelling or proposed single-family dwelling. In the case of a legal, nonconforming single-family dwelling unit, the applicant must demonstrate adequate septic capacity for the bedroom count, if the dwelling uses a septic system, and utilize an existing, fully permitted bathroom. A separate entrance to the junior accessory dwelling unit shall be provided. A junior accessory dwelling unit may include a full bathroom, or the occupant(s) may use a full bathroom inside the remainder of the single-family dwelling. A junior accessory dwelling unit shall contain an efficiency kitchen, which shall include a cooking facility for preparation and sanitation of food with appliances (e.g., microwave, toaster oven, hot plate) and a food preparation counter and

REVISED PER CITY COUNCIL ATTACHMENT 1

08.21.2024
3 storage cabinets that are of reasonable size in relation to the size of the JADU. The efficiency kitchen must be removed when the JADU use ceases.

I. The maximum size of an accessory dwelling unit shall be one thousand two hundred (1,200) square feet. The maximum size of a junior accessory dwelling unit shall not exceed five hundred (500)square feet in floor area. If the bathroom is shared with the remainder of the single-family dwelling, it shall not be included in the square footage calculation.

J. Parking:

1. Parking requirements for the ADU shall be one off-street space (independently accessible or tandem) for each bedroom or ADU, whichever is less, in addition to the two (2) independently accessible parking spaces required for the existing single-family or multifamily residence. If the primary residence was legally constructed at a time when on- site parking was not required, then only the parking space(s) for the ADU shall be required. No off-street parking space shall be required for a JADU.

2. Off-street parking shall be permitted in setback areas in compliance with the definition of "off-street parking" found in section 9278B of this code or through tandem parking.

3. Parking standards will not be imposed for an ADU in any of the following instances:
a. The ADU is located within one-half mile of public transit. b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the existing primary residence or an existing accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is a car share vehicle located within one block of the ADU.

4. If a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the City shall not require that those off- street parking spaces be replaced.

K. An ADU must meet all applicable building and fire codes, and shall have electric, water and sewer or septic service with the type of meter arrangement at the property owner’s option. Water, sewer, and electrical services shall be available prior to the issuance of a building permit for an ADU. No new water or sewer connection fees may be required for ADUs that are contained within the existing space of a single-family or multifamily residence or accessory structure as provided in sections 3731A and 3861B of this code,

REVISED PER CITY COUNCIL ATTACHMENT 1

08.21.2024
4 unless the ADU is constructed with a new single-family home. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence.

L. A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for purposes of applying building codes, fire codes, collection of impact fees, or the provision of water, sewer, and power, including connection fees that might otherwise be associated with the provision of those services. Junior accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.

M. The ADU or JADU shall comply with all applicable requirements of this code.

N. The maximum height for ADUs shall be eighteen feet (18'), except for attached ADUs, which shall have a maximum height of thirty feet (30'), pursuant to section 9018 of this code. Taller units may be approved through the use permit process.

O. The following yard setback requirements shall apply to ADUs:

1. Front Yard: The same as the existing primary residence, but no closer than five feet (5').

2. Side Yard Or Rear Yard, Single-Story Or Two-Story: Four feet (4').

3. No setback shall be required for an existing living area, garage, or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU.

P. The proposed ADUs shall have a separate front door, which, in the event of an attached unit, shall not be located along the front of the existing single-family or multifamily residence unless it is not obviously visible from the street in front of the residence.

Q. For a JADU, either the primary single-family residence or the JADU shall be occupied by the property owner. Owner occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.

R. Any balcony, window or door of an ADU shall utilize techniques to lessen the privacy impacts onto adjacent properties. These techniques may include use of obscured glazing, window placement above eye level, or locating balconies, windows and doors toward the existing on-site primary residence. In addition, trees shall be planted and maintained in a viable condition by the property owner, where appropriate, to preserve the privacy of neighboring property owners. This requirement will not apply to an ADU that is contained within the existing space of a single-family or multifamily residence or accessory structure.

S. Driveways accessing ADUs shall be set back a minimum of five feet (5') from any structure on an adjoining lot that has a bedroom adjacent to the proposed driveway.

T. The minimum width of a driveway serving an ADU shall be twelve feet (12'), unless the City Fire Marshal determines that adequate fire protection can be provided to the ADU even though the driveway has a width less than twelve feet (12').

U. Unless otherwise indicated, relief from the above criteria and standards may be pursued through the use permit process pursuant to Chapter 2, Article 20 of this division.

REVISED PER CITY COUNCIL ATTACHMENT 1

08.21.2024
5 V. Applications for a building permit for an ADU or a JADU shall be considered ministerially without discretionary review or a hearing within sixty (60) days after receiving the application if there is an existing primary dwelling on the lot. If the permit application to create an ADU or a JADU is submitted with a permit application to create a new singlefamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADUor JADU shall be considered without discretionary review.

W. Applications for a building permit within any zoning district where residential uses are allowed by right shall be approved ministerially to develop any of the following:

1. One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing singlefamily dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The JADU complies with the requirements of this section.

2. One detached, new construction, ADU that does not exceed four foot (4') side and rear yard setbacks for a lot with a proposed or existing single-family dwelling.

The ADU may be combined with a JADU described in subsection W1 of this section.

3. Multiple ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. The number of ADUs permitted within an existing multifamily dwelling structure shall be capped at twenty-five percent (25%) of the existing units in the multifamily dwelling, or one ADU, whichever is greater.

4. Not more than two (2) ADUs that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to four-foot (4')rear and side yard setbacks.

X. For the development of ADUs and JADUs described in subsection W of this section, no additional parking or other development standards as set forth in subsections I, J, N through P, and R through U of this section shall be applied except for building code requirements.

REVISED PER CITY COUNCIL ATTACHMENT 1

08.21.2024
6 Y. The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or JADU, the correction of nonconforming zoning conditions.

For purposes of this section, "nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards. ***
Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter. ***
SECTION 3
Division 9, Chapter 2, Article 4, Medium Density Residential (R-2) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “***”):
§9031 Allowed Uses
Accessory buildings and accessory uses.

Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter.

Accessory dwelling units and junior accessory dwelling units, as defined in section 9278 of this code and regulated in section 9016 of this code.
***
Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter. ***
Second dwelling units as allowed in the R-1 districts in section 9016 of this chapter. ***
SECTION 4
Division 9, Chapter 2, Article 5, High Density Residential (R-3) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “***”):
§9046 Allowed Uses
Accessory uses to any allowed or permitted uses.

Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter.

Accessory dwelling units and junior accessory dwelling units, as defined in section 9278 of this code and regulated in section 9016 of this code.
***

REVISED PER CITY COUNCIL ATTACHMENT 1

08.21.2024
7 Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter. ***
Second dwelling units as allowed in the R-1 districts in section 9016 of this chapter. ***
SECTION 5
A new Article 5.3, entitled “ACCESSORY DWELLING UNITS (ADUS)” shall be added to Division 9, Chapter 2 of the Ukiah City Code and shall read as follows:
§9056 PURPOSE AND INTENT
The purpose of this article is to create an expedient ministerial approval process for residential Accessory Dwelling Units (ADUs). To do so, this article sets forth development standards in conformance with California Government Code and tailored to meet the changing needs of Ukiah communities and expand housing choices in all neighborhoods. §9056.1 GENERAL REQUIREMENTS
Accessory Dwelling Units (ADU) on lots developed with a primary single-family or multifamily residence or for which a primary residence is proposed shall be ministerially permitted and subject to the following standards/criteria:

A. The requirements of this Article are applicable to all existing ADUs, as well as those proposed after the effective date hereof, except for legal nonconforming units, or as specifically provided herein. Existing ADUs as of the date hereof inconsistent with the provisions listed herein shall be considered legal nonconforming; provided, that they were legal at the time of their creation.

B. ADUs shall be deemed not to exceed the allowable density for the residential lot upon which an ADU is located. ADUs are deemed a residential use that is consistent with the existing general plan and zoning designation for the lot on which an ADU is located with a primary residence.

C. These regulations do not allow the division of property upon which an accessory dwelling unit is located unless all requirements of the applicable zoning district or State law are met.

D. The ADU be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence unless the conveyance meets the requirements of Government Code Sections 66340 through 66342.

E. Accessory dwelling units may be attached to existing single-family or multiple-family residences or detached as separate structures.

F. An ADU must meet all applicable building and fire codes, and shall have electric, water and sewer or septic service with the type of meter arrangement at the property owner’s option. Water, sewer, and electrical services shall be available prior to the issuance of a

REVISED PER CITY COUNCIL ATTACHMENT 1

08.21.2024
8 building permit for an ADU. No new water or sewer connection fees may be required for ADUs that are contained within the existing space of a single-family or multifamily residence or accessory structure, unless the ADU is constructed with a new single- family home. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

G. Nothing in this Chapter shall preclude the development of a Junior Accessory Dwelling Unit as regulated by Ukiah City Code and Government Code §66333 -66339. §9056.2 DEVELOPMENT REQUIREMENTS
A. Applications for a building permit for an ADU shall be deemed approved if the local agency has not acted on the completed application within 60 days If approved, no additional parking or other development standards shall be applied except for building code and fire safety requirements.

B. Applications for a building permit within any zoning district where residential uses are allowed or permitted by right shall be approved ministerially to develop any of the following:
a. Unit Type. An ADU may be attached to an existing primary residence converted from a portion of the existing living area of the primary residence, detached and on the same legal lot as a primary residence, converted from the entirety of or a portion of an existing accessory structure, or attached to an existing or proposed accessory structure.
b. Number of Units. The number of ADUs allowed on a single lot shall be:
i. On a lot that contains an existing or proposed single-family dwelling: One (1) ADU attached or detached.
ii. On a lot that contains an existing multifamily dwelling: Two (2) ADUs, detached from the multifamily structure, and up to 25 percent of the number of units in the existing multifamily dwelling converted from existing non-livable space in a multifamily structure.
iii. On a lot that contains a proposed multifamily dwelling: Two (2) ADUs, detached from the multifamily structure.

C. Size. The maximum size of a detached ADU shall be one thousand two hundred (1,200) square feet. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements.

D. Improvements. The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU, the correction of nonconforming zoning conditions. For purposes of this section, "nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards. Curb, gutter, sidewalk, paving and street trees, however, shall be required when that infrastructure does not exist, and the proposed building permit value is equal to or greater than one-third (1/3) of the value of the existing structure per UCC §9181 (Street Improvements with Development of Property).

REVISED PER CITY COUNCIL ATTACHMENT 1

08.21.2024
9 E. Lot Size: No minimum lot size shall be required.

F. Lot Coverage. The lot coverage limitation of the base zoning district shall not apply to the construction of an ADU.

G. Construction Standards. Not exclusive of other applicable state and local building and fire regulations, ADUs shall comply with the following requirements. a. Structures within the state responsibility area (SRA) must comply with applicable local and state regulations for setbacks and fire-resistive construction. b. Structures outside of the SRA must comply with building code regulations for fireresistive construction, unless more restrictive standards are required pursuant to state law or regulation.
c. Fire sprinklers shall not be required in the ADU if the primary residence is not required to have fire sprinklers. Fire sprinklers may be required if a structure containing an ADU is greater than one thousand two hundred (1,200) square feet.
§9056.3 SETBACKS
The following yard setback requirements shall apply to ADUs:

A. Front Yard: The same as the existing primary residence, but no closer than five feet (5').

B. Side Yard or Rear Yard: Four feet (4').

C. No setback shall be required for an existing living area, garage, or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU.

D. The application of front yard setbacks cannot preclude an ADU of 800 square feet or less. and must not unduly constrain the creation of all types of ADUs. §9056.4 PARKING
A. Parking requirements for the ADU shall be one (1) off-street space (independently accessible or tandem) in addition to the accessible parking spaces required for the existing single-family or multifamily residence. If the primary residence was legally constructed at a time when on-site parking was not required, then only the parking space(s) for the ADU shall be required.

B. Off-street parking shall be permitted in setback areas in compliance with the definition of "off-street parking" found in section 9278B of this code or through tandem parking C. Parking standards will not be imposed for an ADU in any of the following instances:
a. The ADU is located within one-half mile of public transit stop;

REVISED PER CITY COUNCIL ATTACHMENT 1

08.21.2024
10 b. The ADU is located within an architecturally and historically significant district; c. The ADU is part of the existing primary residence or an existing accessory structure; d. When on-street parking permits are required but not offered to the occupant of the ADU;
e. When there is a car share vehicle located within one block of the ADU; f. When an application for an ADU is submitted with an application to create anew single-family or multifamily dwelling on the same lot.

D. If a garage, carport, or covered parking structure is demolished in conjunction withthe construction of an ADU or converted to an ADU, the City shall not require that those offstreet parking spaces be replaced. §9056.5 LEGAL NONCONFORMING ACCESSORY STRUCTURES
ADUs converted from residential accessory structures determined to be Legal Nonconforming shall be subject to the following requirements:

A. Legal Nonconforming residential accessory structure that is converted to an ADU, or reconstructed as an ADU to the same footprint and dimensions as the original structure shall not be subject to setback requirements.

B. A Legal Nonconforming residential accessory structure that is converted to an ADU may be expanded up to 1,200 square feet if the expansion will comply with the height limit and setbacks for new detached ADUs.

C. Expansion of floor area within a nonconforming setback is limited to 120150 square feet, if necessary, to accommodate associated utilities, ingress and egress. 9056.6 HEIGHT
A. The maximum height for detached ADUs shall be 20 feet.

B. ADUs attached to the primary structure can be constructed to the maximum height for the zoning district in which the unit is located.

C. ADUs may be taller than the primary residential structure.

D. ADUs above a garage (Attached or Detached) can be constructed to the maximum height for the zoning district in which the unit is located.

E. Detached ADUs greater than 20 feet in height may be approved through the granting of a Minor Site Development permit.
§9056.7 DETERMINATION OF APPROPRIATENESS
Whenever an ADU is proposed that would involve uses or features that are not explicitly addressed by the design and development standards set forth in this Code or State law, the

REVISED PER CITY COUNCIL ATTACHMENT 1

08.21.2024
11 Community Development Director shall determine whether the proposal is appropriate and whether it should be reviewed on a ministerial or discretionary basis. In making this determination, the Community Development Director shall find as follows:

A. The proposed ADU would not be incompatible with other existing or allowed uses in the zoning district or property for which it is proposed; and B. The proposed ADU would not be detrimental to the continuing development of the area in which it would be located; and
C. The proposed ADU would be in harmony and consistent with the purpose of the zoning district; and
D. The proposed ADU can meet all safety requirements as determined by the City of Ukiah Building Inspection and Fire Prevention Division; and
E. In the case of determining that an ADU is allowed or permitted, the Community Development Director shall find that the proposed use is similar in nature and intensity to its contextual development and the ADU allowances listed in this Code or State law.

SECTION 6
A new Article 5.4, entitled “JUNIOR ACCESSORY DWELLING UNITS (JADUS)” shall be added to Division 9, Chapter 2 of the Ukiah City Code and shall read as follows:
§9057 PURPOSE AND INTENT
This purpose of this article is to implement the requirements of Government Code and provisions of the General Plan Housing Element that encourage the production of affordable housing by expanding housing opportunities for all economic segments of the community. §9057.1 GENERAL REQUIREMENTS
Junior accessory dwelling units (JADUs) shall be ministerially permitted in zoning districts that allow single-family dwelling units as permitted uses, in compliance with Government Codes §66333 - 66339, the requirements of this section, and all other requirements of the applicable zoning district. The department shall act on an application to create a JADU within sixty (60) days from the date it receives a completed application if there is an existing single-family dwelling on the lot.

A. Permit Requirements and Fees. Construction permits (including, but not limited to, abuilding, well, septic, and/or sewer permit) shall be required to establish a JADU. A JADU shall not be considered a separate or new dwelling unit for purposes of applying building codes, fire codes, well and septic requirements, or collection of impact fees.

B. Timing. A JADU may be established after or concurrently with the single-family residence.

REVISED PER CITY COUNCIL ATTACHMENT 1

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12 C. Development Standards.

1. Number of Units. One (1) JADU is allowed per lot, within a single-family residence.

2. Unit Size. The floor area of a JADU shall not exceed five hundred (500) square feet.

If the bathroom is shared with the single-family residence, it shall not be included in the floor area.

3. Location. A JADU shall be created from space in an existing, fully permitted, or proposed single-family dwelling or garage attached to the single-family residence.

4. Access. A separate, exterior entrance to the JADU shall be provided.

5. Bathroom. If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

6. Kitchen. A JADU shall include an efficiency kitchen. The efficiency kitchen must be removed when the JADU use ceases.

D. Use Restrictions.

1. JADUs may be rented but shall not be sold separate from the single-family residence.

2. JADUs may not be rented for periods of less than thirty (30) days.

3. The owner of the property must reside in either the single-family home or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

4. Deed Restriction. The property owner shall record a deed restriction that:
i. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and ii. Specifies that the deed restriction runs with the land and is enforceable against future property owners; and
iii. Restricts the size and attributes of the JADU to those established by this section and Government Code § 66333; and
iv. Makes the City of Ukiah a third-party beneficiary of the deed restriction withthe right to enforce the provisions of the deed restriction.

REVISED PER CITY COUNCIL ATTACHMENT 1

08.21.2024
13 SECTION 7
Division 9, Chapter 2, Article 6, Neighborhood Commercial (C-N) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§9061 Allowed Uses
Accessory uses to any allowed or permitted uses.

Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter.

Accessory dwelling units and junior accessory dwelling units, as defined in section 9278 of this code and regulated in section 9016 of this code.
***
Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter. ***
Second dwelling units as allowed in the R-1 districts in section 9016 of this chapter. ***
SECTION 8
Division 9, Chapter 2, Article 7, Community Commercial (C-1) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “***”)
§9081 Allowed Uses
Accessory uses to any allowed or permitted uses.

Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter.

Accessory dwelling units and junior accessory dwelling units, as defined in section 9278 of this code and regulated in section 9016 of this code.
***
Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter. ***
Second dwelling units as allowed in the R-1 districts in section 9016 of this chapter. ***
SECTION 9

REVISED PER CITY COUNCIL ATTACHMENT 1

08.21.2024
14 Division 9, Chapter 2, Article 8, Heavy Commercial (C-2) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “***”):
§9096 Allowed Uses
Accessory uses to any allowed or permitted uses.

Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter.

Accessory dwelling units and junior accessory dwelling units, as defined in section 9278 of this code and regulated in section 9016 of this code.
***
Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter. ***
Second dwelling units as allowed in the R-1 districts in section 9016 of this chapter. ***
SECTION 10

1. SEVERABILITY: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

2. EFFECTIVE DATE: This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah and shall become effective not sooner than completion of review of the Ordinance by the Department of Housing and Community Development pursuant to Government Code Section 66326
Introduced by title only on August 21, 2024, by the following roll call vote:

AYES: Dueñas, Crane, Rodin, Sher, Orozco
NOES: None
ABSTAIN: None
ABSENT: None
Adopted on , 2024, by the following roll call vote:

REVISED PER CITY COUNCIL ATTACHMENT 1

08.21.2024
15 AYES:

NOES:

ABSTAIN:

ABSENT:
___________________
Josefina Dueñas, Mayor
ATTEST:
___________________________
Kristine Lawler, City Clerk

ATTACHMENT 2
1 ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING AND AMENDING

VARIOUS SECTIONS OF THE UKIAH CITY CODE REGULATING ACCESSORY DWELLING UNITS
The City Council of the City of Ukiah hereby ordains as follows.

SECTION 1
Findings and Declarations. The City Council finds and declares as follows:

A. The proposed amendments to Division 9, Chapter 2 of the Ukiah City Code are consistent with the 2040 Ukiah General Plan and further the goals, objectives, and policies of the 6th Cycle General Plan Housing Element.

B. Per the California Government Code, existing law provides for the creation by local ordinance, or by ministerial approval if a local agency has not adopted an ordinance, of accessory dwelling units to allow single-family or multifamily dwelling residential use in accordance with specified standards and conditions. Existing law also provides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.

C. The adoption of this ADU Ordinance is a necessary action to continue progress towards production of affordable housing in a way that minimizes impacts to local neighborhoods.

D. Then the State revises ADU law, a local jurisdiction’s ADU Ordinance, if non-compliant with the new ADU laws, is rendered “null and void” and local jurisdictions must continue to process ADU applications through a ministerial process in accordance with State law.

E. The State legislature declared that “Housing is a statewide concern”, that California faces a housing crisis, that ADUs are a valuable form of housing, and that local jurisdictions are mandated to comply with applicable State housing laws.

SECTION 2
Division 9, Chapter 2, Article 3, Low density Residential (R-1) of the Ukiah City Code is amended to read as follows (unchanged text is omitted and is shown by “***”):
§9016 ALLOWED USES
Accessory Buildings
Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter.

Accessory dwelling units (ADU) or junior accessory dwelling units (JADU) on lots developed with a primary single-family or multifamily residence or for which a primary residence is proposed subject to the following standards/criteria:

A. The requirements of this subsection are applicable to all existing ADUs and JADUs as well otherwise specifically provided herein. Existing ADUs or JADUs as of the date

ATTACHMENT 2
2 hereof inconsistent with the provisions listed herein shall be considered legal nonconforming; provided, that they were legal at the time of their creation.

B. Pursuant to California Government Code 65852.2(a)(1)(C) and 65852.22(d) and (e), ADUs and JADUs shall be deemed not to exceed the allowable density for the residential lot upon which an ADU or JADU is located, and ADUs and JADUs are deemed a residential use that is consistent with the existing general plan and zoning designation for the residential lot on which an ADU or JADU is located.

C. These regulations do not allow the division of property upon which an accessory dwelling unit is located unless all requirements of the applicable zoning district and any other requirements of this code are met.

D. The accessory dwelling unit or JADU may be used for rental purposes. The minimum term of a lease for an accessory dwelling unit or JADU shall be thirty (30) days.

E. The ADU or JADU may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence.

F. For development of an ADU or JADU, the applicant shall record a deed restriction, which shall run with the land. A copy showing recordation with the Mendocino County Recorder shall be filed with the City, and shall include both of the following:

1. A prohibition on the sale of the ADU or JADU separate from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers.

2. For a JADU only, a restriction on the size and attributes of the JADU that conforms with this section.

G. Accessory dwelling units may be attached to existing single-family or multiple-family residences or detached as separate structures. Accessory dwelling units shall incorporate the same or substantially similar architectural features, height, building materials and colors as the main dwelling unit or compatible dwellings located on adjacent properties. Architecture not similar to the architecture of the principal dwelling or buildings on adjacent properties shall be subject to the use permit process.

H. Junior accessory dwelling units are installed within a legally established bedroom within the existing walls of a fully permitted single-family dwelling or proposed single-family dwelling. In the case of a legal, nonconforming single-family dwelling unit, the applicant must demonstrate adequate septic capacity for the bedroom count, if the dwelling uses a septic system, and utilize an existing, fully permitted bathroom. A separate entrance to the junior accessory dwelling unit shall be provided. A junior accessory dwelling unit may include a full bathroom, or the occupant(s) may use a full bathroom inside the remainder of the single-family dwelling. A junior accessory dwelling unit shall contain an efficiency kitchen, which shall include a cooking facility for preparation and sanitation of food with appliances (e.g., microwave, toaster oven, hot plate) and a food preparation counter and

ATTACHMENT 2
3 storage cabinets that are of reasonable size in relation to the size of the JADU. The efficiency kitchen must be removed when the JADU use ceases.

I. The maximum size of an accessory dwelling unit shall be one thousand two hundred (1,200) square feet. The maximum size of a junior accessory dwelling unit shall not exceed five hundred (500)square feet in floor area. If the bathroom is shared with the remainder of the single-family dwelling, it shall not be included in the square footage calculation.

J. Parking:

1. Parking requirements for the ADU shall be one off-street space (independently accessible or tandem) for each bedroom or ADU, whichever is less, in addition to the two (2) independently accessible parking spaces required for the existing single-family or multifamily residence. If the primary residence was legally constructed at a time when on- site parking was not required, then only the parking space(s) for the ADU shall be required. No off-street parking space shall be required for a JADU.

2. Off-street parking shall be permitted in setback areas in compliance with the definition of "off-street parking" found in section 9278B of this code or through tandem parking.

3. Parking standards will not be imposed for an ADU in any of the following instances:
a. The ADU is located within one-half mile of public transit. b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the existing primary residence or an existing accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is a car share vehicle located within one block of the ADU.

4. If a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the City shall not require that those off- street parking spaces be replaced.

K. An ADU must meet all applicable building and fire codes, and shall have electric, water and sewer or septic service with the type of meter arrangement at the property owner’s option. Water, sewer, and electrical services shall be available prior to the issuance of a building permit for an ADU. No new water or sewer connection fees may be required for ADUs that are contained within the existing space of a single-family or multifamily residence or accessory structure as provided in sections 3731A and 3861B of this code,

ATTACHMENT 2
4 unless the ADU is constructed with a new single-family home. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence.

L. A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for purposes of applying building codes, fire codes, collection of impact fees, or the provision of water, sewer, and power, including connection fees that might otherwise be associated with the provision of those services. Junior accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.

M. The ADU or JADU shall comply with all applicable requirements of this code.

N. The maximum height for ADUs shall be eighteen feet (18'), except for attached ADUs, which shall have a maximum height of thirty feet (30'), pursuant to section 9018 of this code. Taller units may be approved through the use permit process.

O. The following yard setback requirements shall apply to ADUs:

1. Front Yard: The same as the existing primary residence, but no closer than five feet (5').

2. Side Yard Or Rear Yard, Single-Story Or Two-Story: Four feet (4').

3. No setback shall be required for an existing living area, garage, or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU.

P. The proposed ADUs shall have a separate front door, which, in the event of an attached unit, shall not be located along the front of the existing single-family or multifamily residence unless it is not obviously visible from the street in front of the residence.

Q. For a JADU, either the primary single-family residence or the JADU shall be occupied by the property owner. Owner occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.

R. Any balcony, window or door of an ADU shall utilize techniques to lessen the privacy impacts onto adjacent properties. These techniques may include use of obscured glazing, window placement above eye level, or locating balconies, windows and doors toward the existing on-site primary residence. In addition, trees shall be planted and maintained in a viable condition by the property owner, where appropriate, to preserve the privacy of neighboring property owners. This requirement will not apply to an ADU that is contained within the existing space of a single-family or multifamily residence or accessory structure.

S. Driveways accessing ADUs shall be set back a minimum of five feet (5') from any structure on an adjoining lot that has a bedroom adjacent to the proposed driveway.

T. The minimum width of a driveway serving an ADU shall be twelve feet (12'), unless the City Fire Marshal determines that adequate fire protection can be provided to the ADU even though the driveway has a width less than twelve feet (12').

U. Unless otherwise indicated, relief from the above criteria and standards may be pursued through the use permit process pursuant to Chapter 2, Article 20 of this division.

ATTACHMENT 2
5 V. Applications for a building permit for an ADU or a JADU shall be considered ministerially without discretionary review or a hearing within sixty (60) days after receiving the application if there is an existing primary dwelling on the lot. If the permit application to create an ADU or a JADU is submitted with a permit application to create a new singlefamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADUor JADU shall be considered without discretionary review.

W. Applications for a building permit within any zoning district where residential uses are allowed by right shall be approved ministerially to develop any of the following:

1. One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing singlefamily dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The JADU complies with the requirements of this section.

2. One detached, new construction, ADU that does not exceed four foot (4') side and rear yard setbacks for a lot with a proposed or existing single-family dwelling.

The ADU may be combined with a JADU described in subsection W1 of this section.

3. Multiple ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. The number of ADUs permitted within an existing multifamily dwelling structure shall be capped at twenty-five percent (25%) of the existing units in the multifamily dwelling, or one ADU, whichever is greater.

4. Not more than two (2) ADUs that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to four-foot (4')rear and side yard setbacks.

X. For the development of ADUs and JADUs described in subsection W of this section, no additional parking or other development standards as set forth in subsections I, J, N through P, and R through U of this section shall be applied except for building code requirements.

ATTACHMENT 2
6 Y. The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or JADU, the correction of nonconforming zoning conditions.

For purposes of this section, "nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards. ***
Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter. ***
SECTION 3
Division 9, Chapter 2, Article 4, Medium Density Residential (R-2) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “***”):
§9031 Allowed Uses
Accessory buildings and accessory uses.

Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter.

Accessory dwelling units and junior accessory dwelling units, as defined in section 9278 of this code and regulated in section 9016 of this code.
***
Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter. ***
Second dwelling units as allowed in the R-1 districts in section 9016 of this chapter. ***
SECTION 4
Division 9, Chapter 2, Article 5, High Density Residential (R-3) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “***”):
§9046 Allowed Uses
Accessory uses to any allowed or permitted uses.

Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter.

Accessory dwelling units and junior accessory dwelling units, as defined in section 9278 of this code and regulated in section 9016 of this code.
***

ATTACHMENT 2
7 Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter. ***
Second dwelling units as allowed in the R-1 districts in section 9016 of this chapter. ***
SECTION 5
A new Article 5.3, entitled “ACCESSORY DWELLING UNITS (ADUS)” shall be added to Division 9, Chapter 2 of the Ukiah City Code and shall read as follows:
§9056 PURPOSE AND INTENT
The purpose of this article is to create an expedient ministerial approval process for residential Accessory Dwelling Units (ADUs). To do so, this article sets forth development standards in conformance with California Government Code and tailored to meet the changing needs of Ukiah communities and expand housing choices in all neighborhoods. §9056.1 GENERAL REQUIREMENTS
Accessory Dwelling Units (ADU) on lots developed with a primary single-family or multifamily residence or for which a primary residence is proposed shall be ministerially permitted and subject to the following standards/criteria:

A. The requirements of this Article are applicable to all existing ADUs, as well as those proposed after the effective date hereof, except for legal nonconforming units, or as specifically provided herein. Existing ADUs as of the date hereof inconsistent with the provisions listed herein shall be considered legal nonconforming; provided, that they were legal at the time of their creation.

B. ADUs shall be deemed not to exceed the allowable density for the residential lot upon which an ADU is located. ADUs are deemed a residential use that is consistent with the existing general plan and zoning designation for the lot on which an ADU is located with a primary residence.

C. These regulations do not allow the division of property upon which an accessory dwelling unit is located unless all requirements of the applicable zoning district or State law are met.

D. The ADU be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence unless the conveyance meets the requirements of Government Code Sections 66340 through 66342.

E. Accessory dwelling units may be attached to existing single-family or multiple-family residences or detached as separate structures.

F. An ADU must meet all applicable building and fire codes, and shall have electric, water and sewer or septic service with the type of meter arrangement at the property owner’s option. Water, sewer, and electrical services shall be available prior to the issuance of a

ATTACHMENT 2
8 building permit for an ADU. No new water or sewer connection fees may be required for ADUs that are contained within the existing space of a single-family or multifamily residence or accessory structure, unless the ADU is constructed with a new single- family home. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

G. Nothing in this Chapter shall preclude the development of a Junior Accessory Dwelling Unit as regulated by Ukiah City Code and Government Code §66333 -66339. §9056.2 DEVELOPMENT REQUIREMENTS
A. Applications for a building permit for an ADU shall be deemed approved if the local agency has not acted on the completed application within 60 days If approved, no additional parking or other development standards shall be applied except for building code and fire safety requirements.

B. Applications for a building permit within any zoning district where residential uses are allowed or permitted shall be approved ministerially to develop any of the following:
a. Unit Type. An ADU may be attached to an existing primary residence converted from a portion of the existing living area of the primary residence, detached and on the same legal lot as a primary residence, converted from the entirety of or a portion of an existing accessory structure, or attached to an existing or proposed accessory structure.
b. Number of Units. The number of ADUs allowed on a single lot shall be:
i. On a lot that contains an existing or proposed single-family dwelling: One (1) ADU attached or detached.
ii. On a lot that contains an existing multifamily dwelling: Two (2) ADUs, detached from the multifamily structure, and up to 25 percent of the number of units in the existing multifamily dwelling converted from existing non-livable space in a multifamily structure.
iii. On a lot that contains a proposed multifamily dwelling: Two (2) ADUs, detached from the multifamily structure.

C. Size. The maximum size of a detached ADU shall be one thousand two hundred (1,200) square feet. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements.

D. Improvements. The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU, the correction of nonconforming zoning conditions. For purposes of this section, "nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards. Curb, gutter, sidewalk, paving and street trees, however, shall be required when that infrastructure does not exist, and the proposed building permit value is equal to or greater than one-third (1/3) of the value of the existing structure per UCC §9181 (Street Improvements with Development of Property).

ATTACHMENT 2
9 E. Lot Size: No minimum lot size shall be required.

F. Lot Coverage. The lot coverage limitation of the base zoning district shall not apply to the construction of an ADU.

G. Construction Standards. Not exclusive of other applicable state and local building and fire regulations, ADUs shall comply with the following requirements. a. Structures within the state responsibility area (SRA) must comply with applicable local and state regulations for setbacks and fire-resistive construction. b. Structures outside of the SRA must comply with building code regulations for fireresistive construction, unless more restrictive standards are required pursuant to state law or regulation.
c. Fire sprinklers shall not be required in the ADU if the primary residence is not required to have fire sprinklers.
§9056.3 SETBACKS
The following yard setback requirements shall apply to ADUs:

A. Front Yard: The same as the existing primary residence, but no closer than five feet (5').

B. Side Yard or Rear Yard: Four feet (4').

C. No setback shall be required for an existing living area, garage, or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU.

D. The application of front yard setbacks cannot preclude an ADU of 800 square feet or less.
§9056.4 PARKING
A. Parking requirements for the ADU shall be one (1) off-street space (independently accessible or tandem) in addition to the accessible parking spaces required for the existing single-family or multifamily residence. If the primary residence was legally constructed at a time when on-site parking was not required, then only the parking space(s) for the ADU shall be required.

B. Off-street parking shall be permitted in setback areas in compliance with the definition of "off-street parking" found in section 9278B of this code or through tandem parking C. Parking standards will not be imposed for an ADU in any of the following instances:
a. The ADU is located within one-half mile of public transit stop; b. The ADU is located within an architecturally and historically significant district;

ATTACHMENT 2
10 c. The ADU is part of the existing primary residence or an existing accessory structure; d. When on-street parking permits are required but not offered to the occupant of the ADU;
e. When there is a car share vehicle located within one block of the ADU; f. When an application for an ADU is submitted with an application to create anew single-family or multifamily dwelling on the same lot.

D. If a garage, carport, or covered parking structure is demolished in conjunction withthe construction of an ADU or converted to an ADU, the City shall not require that those offstreet parking spaces be replaced. §9056.5 LEGAL NONCONFORMING ACCESSORY STRUCTURES
ADUs converted from residential accessory structures determined to be Legal Nonconforming shall be subject to the following requirements:

A. Legal Nonconforming residential accessory structure that is converted to an ADU, or reconstructed as an ADU to the same footprint and dimensions as the original structure shall not be subject to setback requirements.

B. A Legal Nonconforming residential accessory structure that is converted to an ADU may be expanded up to 1,200 square feet if the expansion will comply with the height limit and setbacks for new detached ADUs.

C. Expansion of floor area within a nonconforming setback is limited to 150 square feet, if necessary, to accommodate associated utilities, ingress and egress. 9056.6 HEIGHT
A. The maximum height for detached ADUs shall be 20 feet.

B. ADUs attached to the primary structure can be constructed to the maximum height for the zoning district in which the unit is located.

C. ADUs may be taller than the primary residential structure.

D. ADUs above a garage (Attached or Detached) can be constructed to the maximum height for the zoning district in which the unit is located.

E. Detached ADUs greater than 20 feet in height may be approved through the granting of a Minor Site Development permit.
§9056.7 DETERMINATION OF APPROPRIATENESS
Whenever an ADU is proposed that would involve uses or features that are not explicitly addressed by the design and development standards set forth in this Code or State law, the Community Development Director shall determine whether the proposal is appropriate and

ATTACHMENT 2
11 whether it should be reviewed on a ministerial or discretionary basis. In making this determination, the Community Development Director shall find as follows:

A. The proposed ADU would not be incompatible with other existing or allowed uses in the zoning district or property for which it is proposed; and B. The proposed ADU would not be detrimental to the continuing development of the area in which it would be located; and
C. The proposed ADU would be in harmony and consistent with the purpose of the zoning district; and
D. The proposed ADU can meet all safety requirements as determined by the City of Ukiah Building Inspection and Fire Prevention Division; and
E. In the case of determining that an ADU is allowed or permitted, the Community Development Director shall find that the proposed use is similar in nature and intensity to its contextual development and the ADU allowances listed in this Code or State law.

SECTION 6
A new Article 5.4, entitled “JUNIOR ACCESSORY DWELLING UNITS (JADUS)” shall be added to Division 9, Chapter 2 of the Ukiah City Code and shall read as follows:
§9057 PURPOSE AND INTENT
This purpose of this article is to implement the requirements of Government Code and provisions of the General Plan Housing Element that encourage the production of affordable housing by expanding housing opportunities for all economic segments of the community. §9057.1 GENERAL REQUIREMENTS
Junior accessory dwelling units (JADUs) shall be ministerially permitted in zoning districts that allow single-family dwelling units as permitted uses, in compliance with Government Codes §66333 - 66339, the requirements of this section, and all other requirements of the applicable zoning district. The department shall act on an application to create a JADU within sixty (60) days from the date it receives a completed application if there is an existing single-family dwelling on the lot.

A. Permit Requirements and Fees. Construction permits (including, but not limited to, abuilding, well, septic, and/or sewer permit) shall be required to establish a JADU. A JADU shall not be considered a separate or new dwelling unit for purposes of applying building codes, fire codes, well and septic requirements, or collection of impact fees.

B. Timing. A JADU may be established after or concurrently with the single-family residence.

C. Development Standards.

ATTACHMENT 2
12 1. Number of Units. One (1) JADU is allowed per lot, within a single-family residence.

2. Unit Size. The floor area of a JADU shall not exceed five hundred (500) square feet.

If the bathroom is shared with the single-family residence, it shall not be included in the floor area.

3. Location. A JADU shall be created from space in an existing, fully permitted, or proposed single-family dwelling or garage attached to the single-family residence.

4. Access. A separate, exterior entrance to the JADU shall be provided.

5. Bathroom. If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

6. Kitchen. A JADU shall include an efficiency kitchen. The efficiency kitchen must be removed when the JADU use ceases.

D. Use Restrictions.

1. JADUs may be rented but shall not be sold separate from the single-family residence.

2. JADUs may not be rented for periods of less than thirty (30) days.

3. The owner of the property must reside in either the single-family home or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

4. Deed Restriction. The property owner shall record a deed restriction that:
i. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and ii. Specifies that the deed restriction runs with the land and is enforceable against future property owners; and
iii. Restricts the size and attributes of the JADU to those established by this section and Government Code § 66333; and
iv. Makes the City of Ukiah a third-party beneficiary of the deed restriction withthe right to enforce the provisions of the deed restriction.

ATTACHMENT 2
13 SECTION 7
Division 9, Chapter 2, Article 6, Neighborhood Commercial (C-N) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§9061 Allowed Uses
Accessory uses to any allowed or permitted uses.

Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter.

Accessory dwelling units and junior accessory dwelling units, as defined in section 9278 of this code and regulated in section 9016 of this code.
***
Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter. ***
Second dwelling units as allowed in the R-1 districts in section 9016 of this chapter. ***
SECTION 8
Division 9, Chapter 2, Article 7, Community Commercial (C-1) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “***”)
§9081 Allowed Uses
Accessory uses to any allowed or permitted uses.

Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter.

Accessory dwelling units and junior accessory dwelling units, as defined in section 9278 of this code and regulated in section 9016 of this code.
***
Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter. ***
Second dwelling units as allowed in the R-1 districts in section 9016 of this chapter. ***
SECTION 9
Division 9, Chapter 2, Article 8, Heavy Commercial (C-2) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “***”):
§9096 Allowed Uses

ATTACHMENT 2
14 Accessory uses to any allowed or permitted uses.

Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter.

Accessory dwelling units and junior accessory dwelling units, as defined in section 9278 of this code and regulated in section 9016 of this code.
***
Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter. ***
Second dwelling units as allowed in the R-1 districts in section 9016 of this chapter. ***
SECTION 10

1. SEVERABILITY: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

2. EFFECTIVE DATE: This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah and shall become effective not sooner than completion of review of the Ordinance by the Department of Housing and Community Development pursuant to Government Code Section 66326.

Introduced by title only on August 21, 2024, by the following roll call vote:

AYES: Dueñas, Crane, Rodin, Sher, Orozco
NOES: None
ABSTAIN: None
ABSENT: None
Adopted on , 2024, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTACHMENT 2
15 ___________________
Josefina Dueñas, Mayor
ATTEST:
___________________________
Kristine Lawler, City Clerk

Aug 21, 2024
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
By Email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected];
CC: [email protected]; [email protected]; [email protected]; [email protected]
Re: Proposed Amendment to the City’s Accessory Dwelling Unit Regulations Dear Ukiah City Council,
The California Housing Defense Fund (“CalHDF”) submits this letter as a public comment concerning item 12a on the agenda for the August 21, 2024, City Council meeting.

Specifically, CalHDF writes to flag a number of legal issues with the proposed revision of the City’s code section that regulates accessory dwelling units (“ADUs”).

Districts Where ADUs Are Permitted
Section 9056.2(B) allows ADUs to be developed ministerially only in zoning districts where residential use is permitted by-right. However, Gov. Code, § 66323 creates a class of ADUs that must be permitted in all residential and mixed-use districts, regardless of whether residential use is allowed by-right or via a special permit and/or conditional use process. The City’s code should reflect this requirement of state law. The City may consult HCD’s ADU Handbook, available here, at page 11, for confirmation that this is the correct understanding of the law:

ADUs proposed pursuant to subdivision (e) of Government Code section 65852.2 must be permitted in any residential or mixed-use zone, which should be construed broadly to mean any zone where residential uses are permitted by-right or by conditional use. For other ADUs, local governments may, by ordinance, designate areas in zones where residential uses are permitted that will also permit ADUs. 360 Grand Ave #323, Oakland 94610
[email protected]
Attachment 3

Impermissible Improvement Requirements
Section 9056.2(D) requires the development of curbs, gutters, sidewalks, paving and street trees as a condition of ADU development when the proposed building permit value is equal to or greater than 1/3rd the value of the current structure. However, state law only permits the regulation of landscaping in conjunction with the development of an ADU, not curbs, gutters, sidewalks, or paving. (See Gov. Code, § 66315, which prevents local agencies from establishing standards other than those listed in § 66314.) And while the City may require street trees for some ADUs as an aspect of landscape regulation, it may not require them for any ADUs that meet the requirements of Gov. Code, § 66323 which creates a class of ADUs and JADUs that must be allowed by the City without development standards beyond basic height and setback regulations.

Impermissible Sprinkler Requirements
Proposed Code § 9056.2(G)(c) creates a non-objective mechanism for a City official to mandate the installation of sprinklers (emphasis added): “Fire sprinklers shall not be required in the ADU if the primary residence is not required to have fire sprinklers. Fire sprinklers may be required if a structure containing an ADU is greater than one thousand two hundred (1,200) square feet.” However, state law does not allow local agencies to arbitrarily decide when sprinklers are required and when they are not.

State law is very clear on this subject. In fact, Gov. Code, § 66314, subd.(d)(12) and Gov. Code § 66323, subd.(c) independently forbid requiring the installation of sprinklers in an ADU if they are not required for the primary dwelling. For instance, an applicant might be converting part of an 1300 sq. ft. accessory garage into an ADU, and state law forbids the City from requiring sprinkler installation as a condition of granting the permit.

Impermissible Parking and Setback Requirements
Given that Gov. Code, § 66323 creates a class of ADUs and JADUs that must be allowed by the City without development standards beyond basic height and setback regulations, the proposed parking requirements contained in proposed code § 9056.4 are inapplicable to any of the ADUs covered by this section of state law. In fact, the City may not require any off-street parking for ADUs that meet the requirements of Gov. Code, § 66323.

And while Gov. Code, § 66323 allows four foot side and rear setbacks, it does not permit application of local front setback requirements, regardless of whether it is possible to build an ADU elsewhere on the property. Proposed Code § 9056.3 violates Gov. Code § 66323 by requiring at least five foot front setbacks, or the setback of the primary dwelling, whichever is greater. And while proposed Code § 9056.3 states, “The application of front yard setbacks cannot preclude an ADU of at least 800 square feet and must not unduly constrain the creation of all types of ADUs,” Gov. Code, § 66323 does not permit the imposition of any front 2 of 4

setbacks, regardless of whether it’s possible to develop an 800 square foot ADU anywhere else on the property. Furthermore, “must not unduly constrain” is not an objective standard, and only objective standards may be applied by local agencies to ADU development. (Gov.

Code, § 66314.)
The policy reason for this is simple: front yards are typically underutilized, ornamental spaces. Back yards are more private and can be used for many activities that are unsafe in the front yard. For instance, with a fenced-in backyard, children or pets can play or otherwise recreate without fear that they will go into the street. A household may prefer to sacrifice the underutilized front yard for an ADU rather than the much more useful backyard.

Finally, proposed code § 9056.5(C) limits expansion of floor area within a non-conforming setback to 120 square feet to facilitate utilities, ingress, and egress. However, Gov. Code, 66323, subd.(a)(1)(A) clearly states (emphasis added), “The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.” The City may not limit this allowance to 120 square feet given the mandate of Gov. Code, § 66322, subd. (b regarding nonconforming conditions): “The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.”
◄►
While it is laudable that the City is amending its ADU ordinance to keep up to date with state law, we recommend that the City amend the proposed ordinance to reflect the issues that we have highlighted above.

However, CalHDF would also like to note that we applaud the City for removing the requirement for ADUs to match architectural design details of the primary dwelling, particularly as that requirement violated Gov. Code, § 66323. The City is moving in the right direction.

CalHDF is a 501(c)3 non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households.

You may learn more about CalHDF at www.calhdf.org.
3 of 4

Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
4 of 4

Agenda Item No: 8.g.

MEETING DATE/TIME: 9/4/2024

ITEM NO: 2024-545

AGENDA SUMMARY REPORT
SUBJECT: Approval of Contract with Stone Creek Environmental Consulting for Engineering Services Related to the Municipal Separate Storm Sewer Systems Permit Issued by North Coast Regional Water Quality Control Board.

DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Public Works Director/City Engineer ATTACHMENTS:

1. 240605 Ukiah Proposal for 2024 2025
Summary: Council will consider awarding a professional services agreement to Stone Creek Environmental Consulting in the amount of $81,600 for engineering services related to the Municipal Separate Storm Sewer Systems Permit.

Background: Discharges of storm water and non-storm water from a Municipal Separate Storm Sewer System (MS4), particularly in an urbanized area, have the potential to carry pollutants into receiving waters. A higher percentage of impervious surfaces in an urban area increases pollutant loading, resulting in turbid water discharges, nutrient enrichment, bacterial contamination, and toxic compounds. In the Russian River Watershed, pollutants of concern in these discharges include: heavy metals, indicator bacteria, nutrients, pesticides, petroleum hydrocarbons, and trash.

Discussion: The City is designated as a Phase 1 co-permittee along with other agencies regulated by the North Coast Regional Water Quality Control Board (Board). These agencies operate under an MS4 permit issued by the Board, which requires specific monitoring, reporting tasks, and the development of special studies in order to maintain permit compliance.

To ensure compliance, Staff requested a proposal (Attachment 1) from Stone Creek Environmental Consulting for engineering and consulting services. Additional requirements of the permit require critical source inspections. Stone Creek will perform these inspections, document findings, and draft corrective action orders.

Stone Creek will also assist in developing a critical source inspection program to train Staff on conducting future inspections.

Note, approximately $23,000 of the contract cost will be funded by the current grant funded construction activities undertaken by the City. Furthermore, Staff will be exploring cost recovery initiatives and will bring back recommendations for Council's consideration before the next service cycle.

Stone Creek has done the stormwater permit support for the City for the last four years. It possesses institutional knowledge of the City's stormwater infrastructure and of the City organization. For this reason, staff is requesting sole source procurement.

Recommended Action: Approve professional services agreement to Stone Creek Environmental Consulting for Engineering Services related to the City’s Stormwater Permit.

BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 10024224.52100 $81,600.00

PROPOSED BUDGET AMOUNT:

FINANCING SOURCE:

PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Andrew Stricklin, Senior Engineer and Tim Eriksen, Public Works Director/City Engineer
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI): 4b – Maintain wild lands. 6c – Ensure that climate responsibility is integrated throughout the City’s departments and operations. 7a – Expand sustainable water practices.

GENERAL PLAN ELEMENTS (GP):GP-A5 - Environment and Sustainability Element

Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
1 www.consultingstonecreek.com
Date: June 5, 2024
Mr. Tim Eriksen
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Subject: Proposal for Storm Water Support Services, Fiscal Year 2024/2025 Dear Mr. Eriksen:

Stone Creek Environmental Consulting (Stone Creek) is pleased to present this proposal and fee estimate to provide stormwater support services to the City of Ukiah (City). Colleen Hunt, owner, is a Certified Professional in Municipal Stormwater Management and brings direct regulatory compliance experience with municipal stormwater permit requirements. She has worked with dozens of municipal stormwater Permittees during her time with the Regional Water Board and for the past six years as a consultant. Colleen has been providing stormwater assistance to the City since 2020.

The City is subject to requirements of the Regional Water Board’s Waste Discharge Requirements Order No. R1-2015-0030, National Pollutant Discharge Elimination System (NPDES) Permit No. CA0025054 for Discharges from the Municipal Separate Storm Sewer System (MS4) (Permit). The Permit became effective January 6, 2016 and expired on January 5, 2021. The Permit is administratively extended until the Regional Water Board renews the Permit. Until a new Permit is adopted, the City must continue implementing the requirements of the expired Permit.

This Scope of Work is to provide the City with ongoing support for stormwater management requirements, including:
• Construction Site Inspections
• LID Installation and Maintenance Inspections
• Critical Source Inspections
• SMARTs Reporting
• Municipal Staff Training
• Annual Reporting
• Trash Implementation Plan
• Asset Management Planning
ATTACHMENT 1

Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
2 www.consultingstonecreek.com
Scope of Work
Task 1. Low Impact Development Maintenance Inspections
Permit Section VI.D.12. requires the City to track and inspect all new development and redevelopment projects with LID BMPs. Inspections are required to be conducted on a two-year cycle. Post-construction BMPs were last inspected in 2023 and are due again in 2025.

Additionally, any projects completed in 2023 would also need to be inspected in 2025. Under this task, Stone Creek will assist the City with conducting the required LID inspections. This task will include inspecting LID BMPs to assess functionality, with particular attention to BMP maintenance including failure, invasive vegetation, health of desired vegetation and excessive mowing, vector risk, trash and debris, sediment clogging, improper modifications, solids removal, pump-out, and blockage. As specified in the Permit, inspections address LID BMPs that are in the public right of way or at locations that would not require entering private property.

Each inspection will be documented on an inspection checklist, which will include recommendations for follow-up, as applicable. A photo record of the BMPs will be provided as part of the inspection summary report.

Budget includes direct costs for mileage and 2NForm licensing fee and assumes inspections for up to 8 projects.

Task 1. Deliverable: Inspection Reports
Task 2. Critical Source Inspections
During the 2024/2025 Fiscal Year, the City will not need to conduct Critical Source Inspections.

However, we may need to follow up with facilities previously inspected to address any outstanding corrective actions. The City may also need assistance coordinating with other departments during the fiscal year in preparation of inspections during future fiscal years. Under this task, Stone Creek will make a determination of assistance needed to support the City with Critical Source Inspections and implement those actions.

Task 2. Deliverables: TBD

Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
3 www.consultingstonecreek.com
Task 3. Municipal Staff Training
Section G.12. of the Permit requires the City to annually train staff whose interactions, jobs, and activities may affect stormwater quality. We will provide training on stormwater topics selected by the City. This may include illicit discharge, non-stormwater discharges, municipal activities BMP requirements, and/or integrated pest management. Training will be provided in-person or pre-recorded.

Task 3. Deliverable: Stormwater training, including preparation of a PowerPoint presentation, training materials, and training documentation records.

Task 4. Annual Report
Section J of the Permit requires the City to submit an Annual Report for each fiscal year. The Annual Report for the 2023/2024 reporting period is due October 15, 2024. At the beginning of the new Permit term, the Regional Water Board developed an annual report template for Permittee use. The template provides a streamlined method for annual reporting. Completing the template satisfies the annual reporting requirements specified in Section J.

Under this task, we will assist the City with populating the template and gathering information needed for reporting. The City will need to complete sections of the report with data that is not readily available to us to adequately complete the report. The City will be responsible for submitting the final report to the Regional Water Board.

Schedule:

August 16, 2024 Staff to provide data to complete Annual Report September 15, 2024 Draft Annual Report submitted to the City for review October 1, 2024 City comments on the draft Annual Report due back to Stone Creek October 11, 2024 Stone Creek to provide the final Annual Report for submittal to the Regional Water Board
Assumptions:
• Schedule assumes the Agreement for this Scope of Work will be executed no later than August 1, 2024.
• City staff provides data to complete the Annual Report according to the schedule.

Task 4 Deliverable: Draft Annual Report; Final Annual Report

Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
4 www.consultingstonecreek.com
Task 5. Trash Implementation Plan
The City of Ukiah is participating in the Streets to Creek Trash Pilot program, aimed to study the results of trash accumulation relative to implementing institutional trash control measures. This task is to assist the City with its participation in the pilot study. This task will include developing a project profile to establish the approach to conducting the pilot study, as well as the schedule.

This task will also include implementation of the City’s program. Implementation tasks are anticipated to include conducting visual trash assessments to document trash conditions at different project stages, implementing the outreach campaign, and summarizing findings in a report. Final implementation measures will be based on the final project plan strategy. The task is dependent on the availability of outreach materials for the Streets to Creeks program.

Task 5. Deliverable: Project Plan. Pilot Study Summary Report.

Task 6. SMARTS Reporting
This task is to assist the city with SMARTS reporting requirements for the Department of Public Work’s active construction site projects subject to the state construction general permit (CGP).

This includes assistance with the following tasks:
• Preparing permit applications (NOI) and terminations (NOT), • Creating “ad hoc” monitoring reports within 10 days of monitoring activities, • Preparing the project annual reports, due September 1, 2024.

This task assumes assistance for SMARTS reporting for up to two projects.

Task 6. Deliverables: TBD based on direction of City.

Task 7. Asset Management
Based on our understanding, all future municipal stormwater permits in the state of California will include some level of developing an asset management program. Draft permit language for asset management requirements includes the development of a program in four phases:
• Inventory and mapping
• Characteristics
• Level of service
• Maintenance and improvement planning
Implementing a storm drain infrastructure asset management program is a significant undertaking that requires substantial time and resources. While the exact requirements included in the permits are not yet known, it is clear that a full program will be included in the permits and will need to be incorporated into the City’s stormwater management plan. This task will assist

Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
5 www.consultingstonecreek.com
the City with planning an approach and methodology for meeting future permit asset management requirements.

1. Review of existing data for each asset and determine the data gaps that will need to be filled to meet inventory mapping requirements and characterization of assets. Findings will be summarized and presented in a TM.

2. Develop an asset management project plan to strategize the approach to meeting new permit requirements, including filling data gaps and an implementation schedule. The asset project plan will be provided to the City in a draft form for input and review. The project plan will not be finalized until permit requirements are more clearly defined.

Task 7 Deliverables: Asset Management Data Gap Analysis TM; Draft Asset Management Project Plan.

Task 8. Program Management
This task will include general project management tasks needed to manage the contract properly and effectively. Tasks will include a project schedule, managing budget, monthly invoicing, and routine communications with the City, including in-person meetings to report progress and discuss key recommendations and decisions.

Task 8. Deliverable: Invoices
Cost Recovery Tasks
The following tasks have been identified as cost recovery tasks. Direct hours for each project will be itemized individually enabling the City to recover those costs directly from the project.

Budget for these tasks will not come out of the City’s funds and therefore have been presented separately for accounting purposes.

Task 9. Construction Site Inspections
Section VI.F4.e of the Permit requires the City to conduct routine inspections of active construction site projects which disturb one acre or more of land. Inspections are required to take place in September, after the first significant rain event, and monthly during the rainy season.

Under this task, we will assist the City with construction site inspections. This includes tracking the project inventory, conducting inspections, documenting inspection findings, providing recommendations to improve BMP management, and coordinating follow up with City staff.

Stone Creek will continue to use 2NForm to track construction site projects. Project budget includes direct costs such as mileage and 2NForm licensing fee. We assume up to five active construction projects will be included for inspection under this scope of work.

Task 9. Deliverable: Electronic record of inspections.

Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
6 www.consultingstonecreek.com
Task 10. Installation Inspections
Section VI.D.12.c. requires the City to inspect all applicable development sites during installation of post-construction BMPs to ensure proper function. Generally, the inspections occur during four phases of work:

1. Completion of initial excavation.

2. Placement of aggregate layer.

3. Placement of bioretention soil media.

4. Planting of bioretention plants.

Under this task, Stone Creek is available to conduct installation inspections. It is assumed that the City will notify Stone Creek when a project is in the process of installing post-construction BMPs and will provide project contact information so that Stone Creek can make arrangements for inspections. Direct hours for each project will be itemized individually enabling the City to recover those costs directly from the project. This task assumes up to two projects needing installation inspections.

Task 10. Deliverable: Inspection Reports

Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
7 www.consultingstonecreek.com
Fee Estimate and Level of Effort
The Scope of Work will be conducted as described above for an estimated not-to-exceed budget of $80,000 The estimated fee and associated level of effort are summarized below.

Task Level of Effort,
hours Estimated Fee, $
Task 1. LID Maintenance Inspections 30 7,150
Task 2. Critical Source Inspections 10 4,000
Task 3. Municipal Staff Training 12 2,500
Task 4. Annual Report 12 2,500
Task 5. Trash Implementation Plan 40 8,000
Task 6. SMARTS Reporting 40 7,500
Task 7. Asset Management Planning 82 22,750
Task 8. Project Management 14 2,750
City Budget 240 hours 57,150
Task 9. Construction Site Inspections 80 19,000
Task 10. LID Installation Inspections 16 3,850
Cost Recovery Budget 96 hours 23,100
Total 336 hours 80,000
Billing rates for the estimate are provided below. Rates will be valid for the duration of the contract:

Classification 2024
Quality Assurance $305
Principal Compliance Specialist $275
Compliance Specialist II $193
Compliance Specialist I $174
Field Inspector $185
Intern $110
Administrative Assistance $110
Direct Costs Cost + 10%
Mileage Standard Federal Rate

Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
8 www.consultingstonecreek.com
Any services not included in this Scope of Work will be performed only after receiving written authorization and a corresponding budget augmentation from the City. I am looking forward to working with you on this important work. Please feel free to contact me at 707-318-9415 or [email protected] if you have any questions or would like to discuss this proposal further.

Sincerely,
Colleen Hunt, CPMSM #343
Professional Consultant

Agenda Item No: 8.h.

MEETING DATE/TIME: 9/4/2024

ITEM NO: 2024-554

AGENDA SUMMARY REPORT
SUBJECT: Receive Report of Contract Change Order for Gregg Simpson Construction for the Work Related to the Orr Street Bridge Project, and Approve of Corresponding Budget Amendment.

DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works/City
Engineer
ATTACHMENTS:

1. Contract Change Order #1

2. Contract Change Order #2
Summary: Council will receive a report of a retroactive contract change order for Gregg Simpson Construction for the work related to the Orr Street Bridge Project, and consider an approval of a corresponding budget amendment.

Background: The Public Works Department recently completed the rehabilitation of the Orr Street Bridge.

The project involved replacing steel decking, repaving asphalt, and installing guard rails.

Discussion: The contract work was carried out according to the project plans, but unforeseen site conditions required a final change order to complete the project. See Attachments 1 and 2 for additional welding and fabrication for asphalt placement, the installation of extra materials for the bridge's structure and railing, and the construction of a concrete retaining wall to address safety concerns. Chain link fences were also installed at each end of the bridge. Council is being asked to authorize a change order retroactively to approve work already performed and itemized on the attached invoice. These necessary adjustments increased the total project cost to $360,704.05, which will be covered by Orr Street reserves.

This change order does not include work more recently directed by the Council, such as speed bumps, striping and signage. The Orr Bridge Ad Hoc Committee continues to be engaged regarding these items and an additional change order will likely come forward to include the cost of those items after they are completed.

Recommended Action: Receive report of contract change order for Gregg Simpson Construction for the work related to the Orr Street Bridge Project, and approve of the corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 25124210.80230.18065: $0
PROPOSED BUDGET AMOUNT: 25124210.80230.18065: $69,553.62 FINANCING SOURCE: Orr Street Bridge Funds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2324104
COORDINATED WITH: Jason Benson, Senior Engineer and Tim Eriksen, Director of Public Works/City Engineer
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): GP-A3 - Mobility Element GP-A4 - Public Facilities, Services, and Infrastructure Element

Agenda Item No: 12.a.

MEETING DATE/TIME: 9/4/2024

ITEM NO: 2024-506

AGENDA SUMMARY REPORT
SUBJECT: Possible Introduction by Title Only of an Ordinance to Approve a General Plan Amendment from Low-Density Residential (LDR) to Community Commercial (CC) and a Rezone from Low-Density Residential (R1) to Community Commercial (C1), to Allow for Tenant Improvements to an Existing Structure for Use as a ‘Professional Office’ at 195 Low Gap Road (APN 002-080-39); File No. 24-9265.

DEPARTMENT: Community
Development PREPARED BY: Jesse Davis, Chief Planning Manager PRESENTER: Jesse Davis, Chief Planning Manager
ATTACHMENTS:

1. Draft Findings - #24-9265

2. Draft Conditions of Approval - #24-9265

3. Application Materials - #24-9265

4. CEQA - Technical Memo (Terra Nova Planning & Research)

5. Ukiah City Code Regulations (C-1 & R-1)

6. Draft Ordinance
Summary: Council will consider a request to amend the general plan land use designation from Low-Density Residential (LDR) to Community Commercial (CC) and a rezone from Low-Density Residential (R-1) to Community Commercial (C-1) to facilitate tenant improvements to an existing ±2,475 sq. ft. structure for use as a ‘Professional Office’ at 195 Low Gap Road (APN 002-080-39). No expansion of the existing structure is requested. Limited tenant improvements, however, would be facilitated to utilize the structure as a ‘Professional Office’.

Background: The 0.41-acre project site, addressed at 195 Low Gap Road (APN 003-181-01), is located within the City of Ukiah at the intersection of Low Gap Road and North Oak Street, approximately 1 mile southwest of U.S. Route 101. Surrounding land uses include a mixture of residential, public facilities, and commercial enterprises. The property comprises a single legal parcel featuring a primary frontage along Low Gap Road and a secondary frontage along North Oak Street, classifying it as a 'Corner Lot'. Vehicular access to the parcel’s off-street parking area is facilitated from paved encroachments via Low Gap Road and North Oak Street.

The subject property was originally developed for ‘Religious Assembly’ in 1967 (Permit # 764), and the existing structure underwent expansion in 1976, pursuant to Architectural Review (#77-12), adding approximately 224 square feet to accommodate supplementary bathroom and library facilities. Between 1967 and 1999, the property continually served as a place of religious congregation for the Jehovah's Witnesses of Ukiah, hosting regular services and events. During this period, the structure underwent several minor repairs and renovations to ensure the continued functionality and usability of the structure.

It is noteworthy that although the subject parcel was zoned as R-3 (High Density Residential) when the subject structure was constructed, records indicate that between 1977 and 1995 a downzoning to R-1 (Low-Density Residential) occurred, presumably coinciding with one of the City's General Plan Updates or area rezones during that time period. This zoning modification constrained the permissible uses of the property, aligning it more closely with residential districts to the north, which are primarily characterized by single-family dwellings,

as opposed to the commercial uses to the east, which are characterized by a variety of businesses, including automobile repair and mortuary services. The R-1 zoning district generally discourages commercial development, uses and improvements, but does allow for ‘Religious Assembly’ as a permitted use. The use of the property for ‘Religious Assembly’ was considered a ‘Legal Non-Conforming Use’ as no discretionary permit has been identified for that request, as it existed prior to the application of the R-1 zoning district. In 1996, substantial discussion occurred at various hearings of the Ukiah Planning Commission regarding the appropriate zoning and land use designation for the parcel. Ultimately, the Planning Commission deferred applying a commercial zoning and land use designation at that time, but applied it to the adjacent parcel to the east.

To develop a new religious facility on a separate property, the property was sold by the Jehovah's Witnesses of Ukiah in 1999. Later that year, Minor Use Permit No. 99-27, submitted by Lee Enemark on behalf of Kevin Lanteigne, was sought to repurpose the existing 2,475 square foot structure into a mortuary. Originally proposed as a comprehensive mortuary facility with embalming and body storage capabilities, the project underwent revisions prior to approval, limiting operations exclusively to funeral activities and memorial services. The Minor Use Permit facilitated the internal conversion of the church into a mortuary, without necessitating major external alterations to the structure or the property itself. Limited landscaping improvements, however, were conditioned and undertaken at that time. Approval of the Use Permit was granted by the Planning Commission under a Director's Determination, citing the operational similarities between mortuary activities and permitted uses in the R-1 zone, such as 'Religious Assembly'. The occupancy conversion of the existing structure was completed in October 1999 (Permit #10034), and the facility operated for a number of years. Commercial activities on the property, including the sale of associated materials and items was restricted, but the mortuary did function as a commercial business that was licensed by the City.

Per associated utility records, use of the structure as a mortuary lasted until 2008. Around that time, the property reverted to a ‘Religious Assembly’ use. In 2018, renovation and remodeling (Permits #4383 & 3240) were issued. These improvements included interior modifications, installation of an ADA-compliant ramp, and upgrading the structure’s HVAC system.

In 2020, the tenant utilizing the structure for Religious Assembly’ relocated to a separate facility elsewhere in Ukiah, and the property was sold to the adjacent property owner. Since that time, the existing structure and property have remained vacant, but occasionally the subject property is used as overflow parking for the adjacent mortuary and funeral home, which has historically maintained a shared parking agreement with the property for events and memorials.

Discussion: This Project proposes to Rezone the existing parcel from R-1 (Low-Density Residential) to Community Commercial (C-1) to allow for tenant improvements to the existing structure for use as a ‘Professional Office’. The request also requires that a General Plan Amendment be facilitated to alter the existing land use designation from Low-Density Residential (LDR) to Community Commercial (CC). This project is requested because the Applicant desires to undertake tenant improvements to the existing structure and lease the existing structure for use as a ‘Professional Office’, which is not allowed under the present R-1 designation. As defined in Ukiah City Code a ‘Professional Office’ is considered the provision of professional or technical services including accounting, counseling, architecture, design, medical/dental, engineering, law, financial management, and similar professions. For this proposed use, only minor modifications and tenant improvements to the existing structure would be required, given its recent ADA improvements and past renovations.

The Community Commercial (CC) General Plan designation identifies areas generally located along major corridors in the city with the intent of providing a transition between higher-intensity commercial uses along Highway 101 and residential neighborhoods on the western side of the city. The subject parcel meets these considerations. As described in Ukiah City Code Section 9080, the purpose of the C-1 zoning district is “to provide a broad range of commercial land use opportunities along the primary transportation corridors within the city. It is intended to promote and provide flexibility for commercial development, to encourage the establishment of community-wide commercial-serving land uses and provide opportunities to integrate multiple-family housing and mixed-use projects.”

The proposed use of an existing structure is anticipated to result in a less intensive use of the building and property. ‘Religious Assembly’ typically experiences high peak usage during worship services, which are often held multiple times throughout the week, or for holidays or specific events such as memorials, weddings or other ceremonies. Given this orientation, use of structures for religious assembly can attract large congregations, leading to increased traffic congestion and parking demand. In contrast, a ‘Professional Office’ operates on a more regular, daily schedule with appointments spread throughout the day, and typically features limited weekend hours. This results in a more consistent, moderate flow of traffic rather than the high peaks associated with church services. Additionally, the clientele of the ‘Professional Office’ would likely arrive in smaller numbers and at staggered intervals, further reducing the potential for traffic congestion or impacts on nearby properties. Since the ‘Professional Office’ will use the existing structure without expansion, there will be no additional demand on the existing off-street parking infrastructure, the building or the surrounding environment. Overall, the intensity of use, in terms of both peak occupancy and traffic generation, is expected to be significantly lower for the ‘Professional Office’ compared to the previous ‘Religious Assembly’ use.

Many commercial uses (such as restaurants, general retail, personal improvement establishments, and certain residential uses) are allowed within the C-1 district without discretionary review, while others (such as auto repair shops, cannabis related businesses, community care facilities, bars, and certain residential uses) require approval of the Zoning Administrator or Planning Commission upon review of a Use Permit. The C-1 designation also allows for multifamily residential development, which if undertaken in conjunction with the City’s Objective Design and Development Standards, could be processed as an allowed use commiserate with the density requirements of the 2040 General Plan and the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP). Additionally, the Applicant will be required to provide a ‘Landscape Plan’ in accordance with the C-1 standards prior to the issuance of any building permit or business license on the subject property.

Beyond use of the structure as a ‘Professional Office’, new development would require adherence to all C-1 zoning regulations. In addition, given the age of the existing structure, evaluation by the Demolition Review Committee would be required prior to demolition, if proposed, unless immediate demolition of the building is necessary to protect the public health or safety and the failure to immediately demolish the building would constitute a serious threat to public health or safety. Based on the site plan provided, the existing structures would meet the minimum setback requirements of the zoning district and comply with all other lot development standards required by the C-1 land-use and zoning designations.

Per UCC §9265(d), on August 14, 2024, the Planning Commission held a public hearing on the proposed zoning and General Plan amendment and formulated, by a unanimous 4-0 vote, a recommendation to the City Council to approve the Project with requests for the City Council and Applicant to consider the provision of bicycle parking, as well as increased landscaping and parking lot shade coverage. This recommended approval by the Planning Commission was based on the Draft Findings (Attachment 1) and Draft Conditions of Approval (Attachment 2) for the Project as conveyed by the Application Materials in Attachment 3, and supported by additional environmental analysis (Attachment 4) conducted by Terra Nova Planning and Research to facilitate the requested change in Zoning Districts from R-1 to C-1 (Attachment 5).

In response to the recommendation of the PC, Staff notes there is already an existing Condition of Approval for the project to provide a landscaping plan with a particular focus on existing landscape areas. This is commiserate with previous approvals for commercial use of the property that required enhanced landscaping for the property to be utilized as a morturary. Per Ukiah City Code Section 9087(D), the proposed landscaping plan shall be commensurate with the size and scale of the proposed development project. As conveyed by the Applicant, no exterior modifications beyond limited signage are expected. Additionally, given the existing occupancy classification and historical maintenance of the structure, only limited tenant improvements are expected. If a property owner is only requesting minimal changes to their building (e.g., small renovations or minor adjustments), as is the case here, and those changes have little to no impact on public resources, traffic, or other concerns, the "Nollan/Dolan" test would likely prevent the City from requiring substantial investments such as the installation of landscaping beyond the requirements of the municipal code.

A draft ordinance is provided for the review and evaluation of the City Council in Attachment 6.

Staff recommends introducing the ordinance, by title only, to approve a General Plan Amendment from LowDensity Residential (LDR) to Community Commercial (CC) and a Rezone from Low-Density Residential (R1) to Community Commercial (C1) to allow for tenant improvements to an existing structure for use as a ‘Professional Office’ at 195 Low Gap Road (APN 002-080-39); File No. 24-9265.

Recommended Action: Introduce by title only an Ordinance to approve a General Plan Amendment from Low-Density Residential (LDR) to Community Commercial (CC) and a Rezone from Low-Density Residential (R1) to Community Commercial (C1) to allow for tenant improvements to an existing structure for use as a ‘Professional Office’ at 195 Low Gap Road (APN 002-080-39); File No. 24-9265.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Darcy Vaughn, Assistant City Attorney DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP): LU Policy 8.4 - Reuse of Underutilized Property

Draft Findings
General Plan Amendment & Rezone
195 Low Gap Road (APN 003-181-01)
File No.: 24-9265
1 ATTACHMENT 1

DRAFT FINDINGS TO ADOPT A

GENERAL PLAN AMENDMENT AND REZONE
195 LOW GAP ROAD
FILE NO.: 24-9265
The Community Development Department’s recommendation for approval of a Categorical Exemption, General Plan Amendment and Rezone of 195 Low Gap Road (APN 002-080-39) is based in part on the following findings, in accordance with UCC §9265 and CEQA Guidelines §15301(a).

Project Summary. The Project proposes a ‘General Plan Amendment’ to convert the subject property from a Low Density Residential (LDR) to a Community Commercial (CC) land use designation, as well as a ‘Rezone’ of the subject property from Low Density Residential (R1) to Community Commercial (C-1). If approved, the intended use of the property would be for a ‘Professional Office’. No additional development or expansion of the existing structure is proposed.

1. The 0.41-acre project site, addressed at 195 Low Gap Road (APN 003-181-01), is located within the City of Ukiah at the intersection of Low Gap Road and North Oak Street, approximately 1 mile southwest of U.S. Route 101. Surrounding land uses include a mixture of residential, public facility, and commercial undertakings along a principal transportation corridor. As such, the proposed General Plan Amendment and Rezone would be consistent with the City’s General Plan and would be compatible with surrounding land uses.

2. In accordance with the California Environmental Quality Act (CEQA), the City of Ukiah Planning Division in coordination with Terra Nova Planning & Research Incorporated, prepared a technical memorandum for the proposed Project and determined that the Project is exempt as allowed by CEQA Guidelines Section 15301, Class 1, Existing Facilities.

3. The Lead Agency (City) consulted with all applicable responsible agencies and trustee agencies.

4. The Application Materials were circulated for public review from August 4, 2024, through August 14, 2024.

5. Based upon the analysis contained within the Technical Memorandum, Staff Report and Application Materials, the Project would have not have a significant impact, or no impact on all resources discussed herein as it would repurpose an existing structure for a use that is construed to be less intensive than the previously allowed activity. As such, a Categorical Exemption was identified as appropriate for the Project and no mitigation measures are proposed or required, although the project is conditioned to ensure conformance with the proposed zoning district.

6. Based on the findings and conclusions contained in the technical memorandum, the proposed Project would not have environmental effects which would cause substantial adverse effects on humans, either directly or indirectly; and there is no substantial evidence considering the whole record before the City of Ukiah that the Project would have a significant effect on the environment.

7. Based upon the analysis, findings, and conclusions contained in the Technical Memorandum, the Project will not result in impacts that are individually limited, but cumulative considerable.

Draft Findings
General Plan Amendment & Rezone
195 Low Gap Road (APN 003-181-01)
File No.: 24-9265
2 8. In accordance with the Ukiah City Code and California Environmental Quality Act (CEQA) Guidelines: Notice was provided to property owners within 300 feet of the project parcels, as well as agencies and departments with jurisdiction or interest over the project on August 4, 2024; posted on the City’s webpage on August 4, 2024; published in the Ukiah Daily Journal on August 4, 2024; posted on the Project site on August 4, 2024; and posted at the Civic Center (glass case) 72 hours prior to the public hearing.

9. The technical memorandum and record of proceedings of the decision on the Project are available for public review at the City of Ukiah Community Development Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA.

10. On August 14, 2024, the Planning Commission held a public meeting and reviewed the technical memorandum, General Plan Amendment and Rezone. The meeting was properly noticed in accordance with UCC §9265 and CEQA Guidelines.

Draft Conditions of Approval
General Plan Amendment & Rezone
195 Low Gap Road (APN 003-181-01)
File No.: 24-9265
1 ATTACHMENT 2

DRAFT CONDITIONS OF APPROVAL FOR A

GENERAL PLAN AMENDMENT AND REZONE
195 LOW GAP ROAD
FILE NO.: 24-9265
The following Conditions of Approval shall be made a permanent part of the Project, and shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid.

Project Summary. The Project proposes a ‘General Plan Amendment’ to convert the subject property from a Low Density Residential (LDR) to a Community Commercial (CC) land use designation, as well as a ‘Rezone’ of the subject property from Low Density Residential (R1) to Community Commercial (C-1). If approved, the intended use of the property would be for a ‘Professional Office’. No additional development or expansion of the existing structure is proposed.

The following Conditions of Approval apply to the Project.

City of Ukiah Special Conditions

1. Future development of the site shall be in conformance with all Community Commercial (C-1) zoning regulations, including landscaping requirements, in addition to all applicable Building Code and life safety regulations. Additional discretionary and environmental review may be required for expansion, demolition, or modification of the existing structure, as well as for activities that are determined to be ‘Permitted’ within the zoning district.

2. A Final Landscaping Plan shall be submitted prior to issuance of Building Permit or Business License, in accordance with all applicable City codes. All landscaping shall be irrigated and maintained to a satisfactory condition of the Community Development Director.

City of Ukiah Standard Conditions

3. Approval is not effective until the 10-day appeal period applicable to this amendment and rezone has expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the outcome of the appeal and shall be revised as necessary to comply with any modifications, conditions, or requirements that were imposed as part of the appeal.

4. All use, construction and the location thereof, or occupancy, shall conform to the application and to any supporting documents submitted therewith, including any maps, sketches, or plot plans accompanying the application or submitted by applicant in support thereof.

5. Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Planning Commission such standards shall be met.

6. Building permits shall be issued within two years after the effective date of the Planning Permit or same shall be null and void.

Draft Conditions of Approval
General Plan Amendment & Rezone
195 Low Gap Road (APN 003-181-01)
File No.: 24-9265
2 7. In addition to any particular condition which might be imposed; any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, rules, regulations, and ordinances in effect at the time the Building Permit is approved and issued.

8. The Applicant shall obtain all required Sign Permits, in compliance with Division 3, Chapter 7, Signs, of the UCC. Prior to the placement/installation of any sign(s), the applicant shall make application for and receive approval of a sign permit. Any signage shall be in substantial conformance with the Community Commercial (C-1) zoning district.

9. The Applicant shall submit verification of all applicable permits or approvals in compliance with all local, state and federal laws to the Community Development Department prior to issuance of building permits.

10. All fees associated with the project planning permits and approvals shall be paid in full prior to occupancy.

11. As outlined in Article 20, Administration and Procedures, of the Zoning Code a planning permit may be revoked through the City’s revocation process if the approved project related to this Permit is not being conducted in compliance with these stipulations and conditions of approval; or if the project is not established within two years of the effective date of this approval; or if the established use for which the permit was granted has ceased or has been suspended for 24 consecutive months.

BUILDING DIVISION AND UKIAH VALLEY FIRE AUTHORITY CONDITIONS

12. For any needed or requested tenant improvements, a Building Permit will be required.

Please submit plans, building permit application. Please submit complete plan sets, including two wet stamped and signed.

13. The design and construction of all site alterations shall comply with the 2022 California Building Code, 2022 Plumbing Code, 2022 Electrical Code, 2022 California Mechanical Code, 2022 California Fire Code, 2022 California Energy Code, 2022 Title 24 California Energy Efficiency Standards, 2022 California Green Building Standards Code and City of Ukiah Ordinances and Amendments.

Assessors Parcels
002-080-05

EVERSOLE MORTUARY
0 A±
002-072-10

UKIAH CITY OF
0 A±
002-080-47

GIBSON COURT HOUSING CORPO
0 A±
002-080-32

CEJA CELSO
0 A±
002-080-35

KHAN DAWOOD
0 A±
002-080-39

EVERSOLE MORTUARY
0 A±
002-072-31

HULEN JOELE B TTEE
0 A±
002-080-51

FREW BROOKE

0.23 A±
002-072-11

PHILLIPS PATRICE E
0 A±
001-352-34

MAROTTA NANCY TTEE
0 A±
002-080-53

DIFRANCO KEVIN J

0.22 A±
001-352-35

VALLEJO JAMI A
0 A±
001-351-11

PRICE LISA LUCCHESI TTEE
0 A±
002-072-27

SANCHEZ NOHEMI

0.16 A±
002-072-12

SCHRAMER CODY J AND ANGEL C
0 A±
001-351-03

DILLE ELLIOTT
0 A±
001-352-20

SEVILLA JOHN L
0 A±
001-351-10

WAGNER TTEE DEBORAH L
0 A±
001-351-09

POWIS ERIN TTEE
0 A±
001-351-06

BARRAGAN MARIA
0 A±
002-072-28

LIDEN THOMAS M TTEE

0.16 A±
002-080-13

VALENZUELA JOELLEN
0 A±
001-352-05

RODRIGUEZ JOSUE
0 A±
001-352-26

REMSTEDT CAROLE S
0 A±
002-080-52

GILMORE AMBER HECKART

0.14 A±
002-072-32

VANANTWERP RUTH LOUISE
0 A±
001-352-23
ORTIZ RYAN 1/2
0 A±
001-352-22

REDWING DIANA
0 A±
001-352-03

FISETTE AMBER D
0 A±
001-352-02

GUNN JENNIFER A
0 A±
001-352-04

FERRIS AUSTIN
0 A±
001-352-31

ROWAN MICHAEL J
0 A±
002-080-04

EVERSOLE MORTUARY THE
0 A±
001-351-01

ANDERSON WILLOW
0 A±
001-352-18

RAUCH KENNETH
0 A±
001-351-04

GUSSMAN RUSSELL LEE /
0 A±
001-352-19

GONZALEZ ASUSENA
0 A± 001-351-12

CHRISTENSEN WILLIAM J AND LA
0 A±
001-352-32

HARPE SCOTT D AND CYNTHIA F
0 A±
001-351-07

ERIKSEN FLOYD E AND LOIS L T
0 A±
002-080-19
CEJA JOSE M 1/2
0 A±
001-352-17

HINRICHS RICHARD D
0 A±
001-352-27

JACOBS CHARLOTTE J TTEE /
0 A± 001-351-08

DOOLEY JOHN D AND JOAN L TTE
0 A±
001-351-05

WHITAKER LANE A AND PAMELA R
0 A±
002-080-16
RAKES ANTHONY 1/2
0 A±
001-351-02

GERNERT ROBERT A AND TRUDI L
0 A±
002-080-15
SMYTH LESLIE H 1/2
0 A±
002-080-18

TAVIS BRADFORD AND LINDA TTE
0 A±
002-080-43

REDWOOD QUALITY MANAGEMENT
0 A±
002-080-14

ZAZUETA GUILLERMO B AND LYDI
0 A±
002-072-07

CORDELL TTEE DIAN M
0 A±
CASE:

OWNER:

APN:

APLCT:

AGENT:

ADDRESS:

Eversole Mortuary
002-080-39
Eversole Mortuary
195 Low Gap Rd., Ukiah
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.

DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES µ 0 45 90 Feet
0 0.0075 0.015 Miles
1:1,000

ADJACENT PARCELS

TERRA NOVA PLANNING & RESEARCH, INC.®
42635 MELANIE PLACE, SUITE 101, PALM DESERT, CA 92211 (760) 341-4800

MEMORANDUM
TO: Jesse Davis, AICP
Chief Planning Manager
FROM: Kelly Clark
Senior Planner
DATE: July 26, 2024
RE: CEQA Categorical Exemption, General Plan Amendment and Rezone (Eversole) - 195 Low Gap Road (APN 002-080-39)
Introduction
Terra Nova Planning & Research has undertaken a comprehensive review of the proposed General Plan Amendment, Rezone, and minor improvements proposed for 195 Low Gap Road to determine whether the Project qualifies for a Categorical Exemption under the California Environmental Quality Act (CEQA). The City has preliminarily determined that the Project is exempt as allowed by CEQA Guidelines Section 15301, Class 1, Existing Facilities. The purpose of this technical memorandum is to determine whether the exemption is appropriate in this case.

Project Location
The Project, consisting of a 0.41-acre site identified as Assessor’s Parcel Number (APN) 002-080-39, is located at 195 Low Gap Road in the City of Ukiah. The site is a corner lot located at the intersection of Low Gap Road and North Oak Street, approximately 0.65 miles southwest of U.S. Route 101. (See Figure 1)
The site is bordered by Low Gap Road and single-family residential to the north, a paved lot and Evergreen Memorial Gardens to the east, single-family residential to the south, and North Oak Street and utility infrastructure to the west. (See Figure 2) The site is currently zoned Low-Density Residential (R1) with a General Plan land use designation of Low-Density Residential (LDR).

Attachment 4

City of Ukiah
CEQA Technical Memorandum – 195 Low Gap Road
July 26,2024

Figure 1: Project Vicinity
Figure 2: Project Site

City of Ukiah
CEQA Technical Memorandum – 195 Low Gap Road
July 26,2024

Development History
The Project site was originally developed for ‘Religious Assembly’ in 1967 and operated as an organized religious worship and education facility until 1999. Over this period, the site underwent several minor repairs and renovations to ensure the continued functionality and usability of the structure. The existing R-1 zoning district generally discourages commercial development, uses and improvements, but does allow for ‘Religious Assembly’ as a permitted use.

The property was sold in 1999, and the new owners submitted a Minor Use Permit (No. 99-27)to repurpose the existing structure into a mortuary.The Minor Use Permit facilitated the internal conversion of the church into a mortuary, without necessitating major external alterations. Approval was granted under a Director's Determination, citing the operational similarities between mortuary activities and permitted uses in the R-1 zone, such as 'Religious Assembly'.

The site operated as a mortuary until 2008, when the property was reverted to use for ‘Religious Assembly’. In 2018, renovation and remodeling (Permits #4383 & 3240) were issued, encompassing interior modifications, the installation of an ADA-compliant ramp, and upgrading the structure’s HVAC system.

The property was sold in 2020 to the adjacent property owner and has remained vacant, but it is occasionally used as overflow parking for the adjacent mortuary and funeral home, which has historically maintained a shared parking agreement with the property.

Project Description
The Project site is currently developed with an approximately 2,500 square foot commercial structure. The property is fully improved with 33 parking spaces, including 2 ADA parking spaces, landscaping, curb, gutter and sidewalks. The existing structure and property have been vacant since 2020.

The Project proposes a General Plan Amendment from Low-Density Residential (LDR) to Community Commercial (CC) and a Rezone from Low-Density Residential (R1) to Community Commercial (C1) to allow for tenant improvements to the existing structure for use as a ‘Professional Office.’
The Project applicant intends to lease the building to a physical therapy office, requiring interior remodeling and renovations to adapt the space to the business’s specific requirements, including the addition of a kitchen facility. All remodeling and renovations will comply with all relevant building codes and C1 zoning regulations.

CEQA CATEGORICAL EXEMPTIONS
The California Environmental Quality Act (CEQA) requires that the City evaluate the potential environmental effects of proposed development projects and other major land use action. CEQA Guidelines section 15300 et. seq., describes Categorical Exemptions,

City of Ukiah
CEQA Technical Memorandum – 195 Low Gap Road
July 26,2024

which are projects that have been determined not to have a significant effect on the environment and which are, therefore, exempt from the provisions of CEQA and its requirements for the preparation of environmental documents.

Exemption Analysis
The Project technically meets the key consideration for the Class 1, Existing Facilities Categorical Exemption, which allows for the negligible or no expansion of use with minor alterations. The following discussion considers and analyzes this exemption in relation to the Project.
15301. EXISTING FACILITIES
Per CEQA Guidelines Section 15301, Class 1 categorical exemption reads as follows:
“Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use.

Examples include but are not limited to:
(a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances;
(b) Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes); (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood; (e) Additions to existing structures provided that the addition will not result in an increase of more than:
(1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or
(2) 10,000 square feet if:
(A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and
(B) The area in which the project is located is not environmentally sensitive.

City of Ukiah
CEQA Technical Memorandum – 195 Low Gap Road
July 26,2024

(f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices;
(g) New copy on existing on and off-premise signs;
(h) Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of pesticides, as defined in Section 12753, Division 7, Chapter 2, Food and Agricultural Code);
(i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources; (j) Fish stocking by the California Department of Fish and Game; (k) Division of existing multiple family or single-family residences into commoninterest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt; (l) Demolition and removal of individual small structures listed in this subdivision:
(1) One single-family residence. In urbanized areas, up to three single-family residences may be demolished under this exemption.
(2) A duplex or similar multifamily residential structure. In urbanized areas, this exemption applies to duplexes and similar structures where not more than six dwelling units will be demolished.
(3) A store, motel, office, restaurant, or similar small commercial structure if designed for an occupant load of 30 persons or less. In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use.
(4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
(m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources.
(n) Conversion of a single family residence to office use. (o) Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization unit for the treatment of medical waste generated by that facility provided that the unit is installed and operated in accordance with the Medical Waste Management Act (Section 117600, et seq., of the Health and Safety Code) and accepts no offsite waste.
(p) Use of a single-family residence as a small family day care home, as defined in Section 1596.78 of the Health and Safety Code.”
The proposed Project is consistent with the definition of a Class 1 exemption because it consists of the permitting, repair, leasing, and minor alteration of an existing private structure, involving no expansion of existing use. The Project proposes to renovate and remodel the existing building to the requirements of a physical therapy office, including the addition of a kitchen facility. This is consistent with Class 1, example (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances.